5. Ronaldo’s acceptance of goods by Benjamin
Here arises the issue of whether Benjamin had the authority to sale the cargo to Ronaldo. It can be claimed that there are two opinions on this subject.
On the one hand Benjamin never became lawful holder of the shipment under s.19(3) of SOGA 1979 and as a result he had no right on the goods’ property. This fact and in combination with s.21(1) gives no property to Ronaldo.
On the other hand Ronaldo can rely on s.25(1), as Benjamin did not notice him regarding his previous transaction with Maurice. Benjamin got the cargo from Maurice in good faith33, which also happened with Ronaldo receiving the same Bill of Lading from Benjamin in line with the definitions given in s.2(1) & s.2(4), paying
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Additionally, if we take the view that property had not passed to Benjamin, then s.39(2) also gives Maurice the right of stoppage of the goods as s.41(c) & s.44 confirm that the unpaid seller Maurice has exercisable rights on the goods. However, what confuses the case is that Benjamin had already sold the cargo to Ronaldo. If Maurice had taken action against Benjamin prior to the re-sale, then no such issue would have arisen, as the property would be an issue between these two parties which means that Maurice could exercise his aforementioned rights against him , but now a third person has the title of the goods and has nothing to do with the conflict between Benjamin and Maurice since he acted in good faith. Accordingly, under s.43(1)(b) Maurice’s rights on the cargo cease to exist, since Ronaldo lawfully obtained the bill of lading by Benjamin. In support of his statement s.47(2)(a) also provides that no lien, retention or stoppage can be exercised on the consignment.
To sum up, since the action against Benjamin was effected after Ronaldo had acquired the title of the goods, Maurice had no right on the cargo.
8. Stoppage in transit – Letter of indemnity – Non delivery of the goods
According to the definition of the transit period in s. 45(1) SOGA 1979, the goods were in transitu when the transactions between the involved parties took place.
• Contracts were exchanged on 2 May 2005 for the purchase of property for $2,130,000 between the plaintiffs and the first defendant.
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.)
Mr. Slim Jim verbally submitted an offer to Mr. Potbelly who proceeded to accept Mr. Slim Jims’ offer unequivocally (pg. 122). The “Basic Requirements of a Contract” (pg. 107) were completed. In this bilateral contract (pg. 107), “Communication of Acceptance” (pg. 123) was evident as Mr. Potbelly responded “Sure I’ll take it” when Mr. Slim Jim submitted an offer for the pottery and enthusiastically replied “I’ll take it!” when Mr. Slim Jim gave him an offer of cash for his home. As a result of this, Mr. Slim Jim is suing for the “right to obtain specific performance” asking that the agreement be upheld. Also, according to “admissions” (one of the “exceptions to the statutes of frauds” (pg. 175) Mr. Potbelly’s agreement should be upheld.
[Facts] On February 1st, Bernie put his 2006 Ford Fusion up for sale. Vivian contacted Bernie on March 1st interested in purchasing his vehicle. Bernie extended an invitation to Vivian on March 5th for them to meet in order to further discuss negotiations. Vivian met up with Bernie at his place of residence on March 10th, they agreed on a purchase price of $12,500. Vivian informed Bernie that she needed an additional three weeks in order to obtain the funds. Bernie agreed to give Vivian until March 31st to purchase the vehicle under the condition that she put down a $1,000 deposit. Vivian agreed to the contract terms written by Bernie as
There were number of contraventions in this case. The first issue was regarding paying the 10% of proceeds as the carriage cost pertaining to the wheat contracts to Alia. This was later paid to the government. Alia was an intermediary company aiding in the completion of the overall dealings related to the case under analysis. Iraq was able to get the hard currency from this. Provisions were made to reimburse the payment portion received by AWB which further strengthened the ability to accumulate hard currency. In other words, the money from escrow account of UN was being used for purposes which were other than making payment for the commodities not permitted (Austin and Reynolds, 2012).
This paper examines the development and scope of accessory liability under the second limb of Barnes v Addy as it stands in both England and Australia. As to the law in England, the focus will be on the rearticulation of the principle of accessory liability under the second limb as stated in Royal Brunei Airlines Sdn Bhd v Tan. In particular, it will consider the extent to which the decision has reconciled inconsistencies in earlier authority and remedied those issues propounded to be inherent in the traditional formulation of the principle. At this stage, this traditional principle remains good law in Australia. However, as suggested in Farah Constructions Pty Ltd v Say-Dee Pty Ltd, there is potential for the
* If the arrangement includes a general right of return relative to the delivered item, where the delivery or
In Brown’s Provisional Constitution, Article XXVIII: Property states, “All captured or confiscated property, and all property the product of the labor of those belonging to this organization and of their families, shall be held as the property of the whole, equally, without distinction; and may be used for the common benefit, or disposed of for the same object;” (Earle, 2008)
Held: He was not entitled to commission for the period when he sold other supplier's goods.
On the present case being addressed to the International Court of Justice in dealing with the matter of sovereignty over the Island of Manca, the issue of legality belonging to which side of the parties at dispute is put forward. The problem however, lies in, the period at which the dispute took place, for International law has not evolved at that time unlike in this day and age.
from the government and that he was the rightful owner. There is no paper evidence since
The Sales of Goods Act 1893 provides the definition of ‘condition’ and ‘warranty’. During the period between 1893 to 1962 both ‘condition’ and ‘warranty’ was generally accepted that they were the only two types of terms which assist in ‘identifying the breaches which entitled the injured party to terminate the contract. In the turning point of 1962, a new type of term-intermediate term brought about a whole new page into the Law of Contract. Hong Kong Fir Shipping Co. Ltd vs Kawasaki Kisen Kaisha Ltd is the key case which owns the credit for this discovery. In the case, the ship owner hired out the Hong Kong fir, ‘being in every way fitted for ordinary cargo service’. The ship was delivered on 13 February 1957, sailing
In Re Montagu’s Settlement Trusts (1987) Megarry J held that in order to found a claim for knowing receipt, the defendant had to have actual knowledge that his receipt was in breach of trust or was ‘willfully blind’ shutting his eyes to the obvious; or willfully and
Which could take several days to receive. Thankfully there is a new program called Trade Projects and you can apply for a credit in just ten minutes, and the man was able to do it and get his credit for his shipment then later was able to receive his money from the gouvernement. A downfall i've found with the CanExport program is that it could take up to 20 business days to get reimbursed and some people have said it’s a long time because sometimes they really need to get the funds but it takes too long and they have come late on payments few times.
L & Co dispatched the goods on credit to Blenkarn, who resold 250 dozen to Cundy. Blenkarn did not pay for the goods. L & Co sued Cundy to recover the handkerchiefs. It was held that the contract between L & Co and Blenkarn was void for unilateral mistake. L & Co intended to deal with Blenkiron & Co, not Blenkarn. Cundy was liable to return the handkerchiefs to L & Co because no right of ownership had passed to him.