An Agreement Whereby The Seller Transfer The Title To Goods At A Price Is


Thus, it is the general ownership that is transferred under a contract of sale unlike the special property that is transferred in the case of pledging of goods, that is to say that the ownership of goods is transferred to the holder of pledges or the holder of pledges, while the rights of ownership remain the responsibility of the secured creditor. Therefore, in a sales contract, the absolute transfer of ownership must take place. It should be noted that the physical delivery of goods is not essential for the transfer of ownership. 2. Unless otherwise authorized by the buyer, the seller must enter into a contract with the carrier, on behalf of the buyer, that is reasonable having regard to the nature of the goods and the other circumstances of the case and, if the seller fails to do so and the goods are lost or damaged during carriage, the buyer may refuse: treat the delivery to the carrier as a delivery to himself or make the seller liable for damages. 3. If the goods are perishable or if the unpaid seller has informed and pays the buyer of its intention to resell or if the buyer does not offer the price within a reasonable time, the unpaid seller may resell the goods and claim damages from the original buyer for the damage caused by its breach. (a) where the goods have been sold without a provision of credit; 50 (1) If, under a contract of sale, ownership of the goods is passed to the buyer and neglects or unduly refuses payment for the goods in accordance with the contractual terms, the seller may maintain a remedy against him over the price of the goods. (d) an auction may be qualified as a reserved or angry price, and a right to an offer may also be expressly reserved by the seller or on behalf of the seller; 2. Where a contract for the sale of goods to be delivered in separate instalments is to be made separately and the seller makes defective deliveries in respect of one or more instalments or neglects or refuses the acceptance or payment of one or more instalments, this is a matter, in any event depending on the contractual conditions and the circumstances of the case: if the breach is a termination of the entire contract or if it is a severable breach that creates a claim for damages, but not a right to treat the entire contract as rejected. S.R., at 408, p. 33.

6. If the carrier or any other guarantor unduly refuses to deliver the goods to the buyer or to his offer on his behalf, the transit shall be deemed to have ended. 3. If, after the arrival of the goods at the place of destination, the carrier or any other guarantor acknowledges to the buyer or his agent that he holds the goods on his behalf and that he remains in possession of the goods as guarantor of the buyer or his agent, the transit is completed and it is irrelevant that the buyer was able to indicate another destination for the goods. However, there is an exception to the general rule that no one can buy their own goods. If a pledger sells the goods he has mortgaged in the event of non-payment of his money, the pledge creditor may buy it pursuant to a decree.. . . .

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