The Transactions Between Bell Hospitality Limited

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Question 1 The transactions between Bell Hospitality Limited (BHL) and Costbite Limited (Costbite) is undoubtedly a dealing in the course of business and a sale of goods contract, therefore, it will be governed by the Sale of Goods Act 1979. A contract of sale is a lawful agreement to transfer the ownership of any particular goods in exchange for an approved monetary consideration from the other party. This transfer of ownership is also known as the passing of property. The issues highlighted by BHL focuses on if there is any passing of property and ultimately, who bears the risk of goods that have been part of the contract. By discussing each of the goods – the 20 bottles of Hollinger finest champagne, 12 bottles of Australian Premium white wine and the 12 bottles of South African red wine – separately, we will be able to determine if the property has passed to BHL and whether or not, Kerry bears the risk of the loss of the three goods due to the floods. Generally, it should be noted that the transfer of ownership does not only occur when there is a handover of psychical possession of the goods. At times, the seller may still have possession of the goods but the ownership would have passed on to the buyer, and on certain occasions, the buyer would have possession of the item but the ownership may still remain with the seller. Thus, many a times uncertainties have risen due to the seemingly challenging task of needing to prove that they have ownership over the goods but

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