Rights of Unpaid Sellers Against the Goods

A horse was accidentally auctioned by Croall. A was the bidder. He paid the price but the owner refused to deliver the horse - the sale had not been authorised by

15–1. Liquidated Damages. Carnack contracts to sell his house and lot to Willard for $100,000. The terms of the contract call for Willard to make a deposit of 10 percent of the purchase price as a down payment. The terms further stipulate that if the buyer breaches the contract, Carnack will retain the deposit as liquidated damages. Willard makes the deposit, but because her expected financing of the $90,000 balance falls through, she breaches the contract. Two weeks later, Carnack sells the house and lot to Balkova for $105,000. Willard demands her $10,000 back, but Carnack refuses, claiming that Willard’s breach and the contract terms entitle him to keep the deposit. Discuss who is correct. (See Damages.)

36. Principle of Law: The transaction between Browne and Houlihan was just under negotiation process and not form the contract. Browne did not acknowledge Houlihan’s e-mail and did not reply to accept Houlihan’s request, so he sold the television set to another. Houlihan then purchased a new set more expensive than Browne’s set. Both of them didn’t break the contract because there’s no contract between them. Therefore Houlihan had no legal basis to sue Browne for $1,000.

c. Only after conduct that shows the buyer 's willingness to become owner of the goods.

 - the seller is to follow through with what is outlined in a contract. Buyers are required to pay for and accept items as any contract states.

The right of a transferee of receivables to receive payment from the transferor of those receivables for any of the following: failure of debtors to pay when due, the effects of

vendors. Article 2 applies to all contracts for the sale of goods (2-102). The code

* If the arrangement includes a general right of return relative to the delivered item, where the delivery or

The Seller is a corporation duly organized, validly existing and in good standing under the laws of the state of its incorporation as set forth in Schedule 2, with all requisite corporate power and authority to own, operate and lease its properties, and to carry on its business as now being conducted. The Seller is duly qualified to do business and is in good standing in each jurisdiction where the conduct of its business or the ownership of its property requires such qualification. The jurisdictions in which the Seller is qualified to do business are set forth in Schedule 2 hereto.

u. P2) This implies that the seller who intends to enter a contract with a customer has a duty to disclose exactly what the customer is buying and what the terms of the sale are.

This is when the seller deliberately makes false statements of goods and this would be called fraud which is a criminal offence. Example of this would be someone selling a fake Apple watch and told the buyer that’s its real when it’s not. Under the Act, the court would fine the person that sold the watch. The customer that is affected would be able to cancel the contract and claim their money back.

2. Reference Parker v. Schuller (1901) in which Seller sues Buyer under a CIF K for not shipping the goods. The sellers lost on appeal b/c they should have argued that the breach occurred when B failed to ship the documents, b/c the documents could not have been shipped without shipping the goods.

WHEREAS, Seller desires to sell the vehicle described below, known herein as the "Acquired Vehicle", under the terms and conditions set forth below;

Section 12(1) of the act state that, “A stipulation in a contract of may be a condition or a warranty” explaining that all terms and stipulations of the contract of sale are not of equal important and also of same consequences, however, some of terms are so vital to the contract that their failure to fulfil would cause breach of contract as a whole. Such terms are known as “Conditions”. Further, a term which are not of so vital importance is known as “Warranty”.

The Sale of Goods Act 1979 controls English law transactions between the purchaser and the seller of goods; it also applies to contracts where involving a transfer of the property in goods or an agreement to transfer a consideration in money.