Part II
Sale by sample
Sale by sample. 15.—(1) A contract of sale is a contract for sale by sample where there is an express or implied term to that effect in the contract.
(2) In the case of a contract for sale by sample there is an implied condition—
- (a) that the bulk will correspond with the sample in quality;
- (b) that the buyer will have a reasonable opportunity of comparing the bulk with the sample;
- (c) that the goods will be free from any defect, rendering them unmerchantable, which would not be apparent. on reasonable examination of the sample.
(3) In subsection (2)(c) above “unmerchantable” is to be construed in accordance with section 14(6) above.
(4) Paragraph 7 of Schedule 1 below applies in relation to a contract made before 18 May 1973.
Part II
Effects of the Contract
Transfer of property as between seller and buyer
Goods must be ascertained. 16. Where there is a contract for the sale of unascertained goods no property in the goods is transferred to the buyer unless and until the goods are ascertained.
Property passes when intended to pass. 17.—(1) Where there is a contract for the sale of specific or ascertained goods the property in them is transferred to the buyer at such time as the parties to the contract intend it to be transferred.
(2) For the purpose of ascertaining the intention of the parties regard shall be had to the terms of the contract, the conduct of the parties and the circumstances of the case.
Rules for ascertaining intention. 18. Unless a different intention appears, the following are rules for ascertaining the intention of the parties as to the time at which the property in the goods is to pass to the buyer.
- Rule 1.—Where there is an unconditional contract for the sale of specific goods in a deliverable state the property in the goods passes to the buyer when the contract is made, and it is immaterial whether the time of payment or the time of delivery, or both, be postponed.
- Rule 2.—Where there is a contract for the sale of specific goods and the seller is bound to do something to the goods for the purpose of putting them into a deliverable state, the property does not pass until the thing is done and the buyer has notice that it has been done.
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