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16 Cards in this Set
- Front
- Back
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S.12(1) |
Implied term seller has right to sell/ has title |
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12(2) |
Implied term goods are free from encumberence |
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12(3) |
Implied term buyer will enjoy quiet possession |
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Microbeads AG V Vinhurst Road Markings |
Neither buyer or seller knew 3rd party was seeking patent 3rd party sued buyer Breach of quiet possession however was no legal encumberence |
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Niblett v Confectioners Materials |
Import of condensed milk breached tm and seized by customs Sued successfully under s.12(1) and 12(2) |
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S.21(1) |
Where seller has no title get as good title as owner It is a valid contract that has been breached |
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Rowland v Divall |
Seller in good faith sold stolen car Buyer could recover whole price Buyer enters into possession but not ownership |
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Chatfields and Martin v Lombard |
Finance co estopped from claiming right in van Wrongly deleted financing from database Conduct barred them from going after buyer |
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Eastern Distributors v Goldring |
Seller had agent who exceeded authority Court held that as a result of estoppel buyer acquires real title Unable to sue= you are owner after all |
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Bulbruin v Romanyszyn |
Stolen van had number plates removed and was abondened Local authority seized and sold Original owner appeared Appeal court held that title transferred by implication |
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Archivent sales case |
Ventilators sold to contractors subject to Rot clause Contractor sold to council who were in good faith so clause has no effect |
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Woodburn v Motherwell |
Hay bought was destroyed. Has ownership passed? Rules in s.18 are intended to be a guide to intention |
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Morrison v AD Lockhart |
Timber sold under sale contract. Buyer had not yet cut down so not deliverable state |
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Gowans v bowe and sons |
Potatoes dug up and bagged then seller went bankrupt Held 》the above put them in deliverable state. Transporting irrelevant |
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Brown bros v Carron |
Crane. Modifications had to be made. Because they were outstanding and critical to contract ownership had not passed No deliverable state |
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Kirkham v Attenborough |
Jewellery on sale or return Shop pledged it for security. Held inconsistent with seller being able to recover Act of pledging made title pass |
