Subject-matter of the contract, Business Law and Ethics

Subject-Matter of the Contract

Through S.7(1) the goods such form the subject-matter of a contract of sale may exist either  possessed  or existing goods may like owned by the seller, else future goods, to be contrived or acquired through the seller after the making of sale of the contract.

(a)   Through  S.8, in a contract to the sale of specific goods whether the goods have, so then without the data of the seller, perished on same time where the contract was made as like the contract is void. Further this provision codifies  the common law doctrine  of "res extincta" whose like application is illustrated through Conturie v Hastie. Although tThe same rule applies whether must is a sale of indivisible quantity of be specific goods and of part only about the goods have perished on same time whether the contract is made. Actually this was explained in like Barrow, Phillips and Company Limited or else may like Lane and Ballard Limited v Phillip in which the plaintiffs contracted for sell to the defendants 700 bags belong nuts such were believed to be lying in such certain warehouses. Because unknown to them, there 109 bags had disappeared like presumably through theft on same time the contract was made, then and a further 450 bags disappeared before such goods could be delivered for the defendants. Further the plaintiffs sued for the price of the goods. So like it was held as the contract was void and as the defendants were not liable there.

Whether the contract of sale is divisible or severable may it appears reasonable for assume with S.8 would avoid the contract like to the goods which had in reality perished. Even though the word "perished" like literally would cover only cases about physical destruction of the goods and would the case of Asfar and Company Limited v Blundell like shows such may, in appropriate cases could be construed for cover a change in such physical condition of the goods that renders them unfit to the purpose for that they would be normally bought. Therefore in such a case whereas the goods would be regarded as having like "perished" in a commercial sense there.

Further in that case the court held that dates that had been submerged for two days and whereas brought to the surface were such in the words of the judge like "simply a mass of pulpy matter impregnated regards sewage and with in a state of fermentation" like had "perished".

(b)   with S.9, whether the contract is to the sale of unascertained or for future goods and for subsequently the goods so then without any fault of such seller or buyer, so like perish before the risk passes that to the buyer, whether the agreement is thereby avoided. Such this provision appears for be a codification of the common law rule relating with discharge of contract through frustration.

Posted Date: 1/31/2013 3:05:13 AM | Location : United States







Related Discussions:- Subject-matter of the contract, Assignment Help, Ask Question on Subject-matter of the contract, Get Answer, Expert's Help, Subject-matter of the contract Discussions

Write discussion on Subject-matter of the contract
Your posts are moderated
Related Questions
PROTECTION OF CREDITORS: Where the reduction of capital involves diminution of unpaid capital or repayment to shareholders of paid-up capital, creditors have a statutory right

Theoretical foundations of international policy coordination Policy process more from a domestic perspective. If a country is small one can assume away any spillover effects th

What are  the important provisions of the Statute of ICJ Some of the important provisions of the Statute of ICJ are: Article 34 which states that only states and not the in

Advantages - Take-over bid: A non-accepting shareholder who applies to the court to set aside the proposed compulsory acquisition of his shares under s.210 will fail unless he

Theories of relational contracts These are long-term, non-legal or only incompletely legal agreements. The fact of incomplete foresight is taken into account by leaving gaps in

Method of Service: Article 131 provides that a notice may be given by the company to any member either personally or by sending it by post to him at his registered address or

QUESTION 1 Discuss the legal relationship between a bank and its customer with reference to the responsibilities of the parties towards each other QUESTION 2 (a) Examin

Ratified - pre-incorporation contract: If the agreement is a written one and it shows that the proposed company was the contracting party the promoters will not be allowed to

Q. Statutory task force on phoenix activity ? A long term option could be the establishment of a statutory task force on phoenix activity. This could be supported by all the re

Civil Case - African Customary Law Moreover customary law is applicable only in civil cases.  Thus the District Magistrate's Court's Act 1967, S.2 restricts the civil case