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







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