Question Tag: Unascertained Goods

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a) What is the difference between ‘specific goods’ and ‘unascertained goods’ in terms of definition? (6 marks)

 

  • Specific Goods: Goods identified and agreed on before or at the time the contract of sale is made. This requires that the actual goods that the buyer is to receive under the contract can be identified at the time that the contract is agreed. Examples include goods bought at a supermarket picked from the shelf or a second-hand car chosen off a garage forecourt and sold by reference to its registration number.
  • Unascertained Goods: Goods which are not identified and agreed upon at the time the contract is made. These are goods that are yet to be manufactured or grown, or goods that are acquired after making the contract. Unascertained goods never become specific; they only become ascertained.

(3 marks for each definition = 6 marks)

In a contract of sale of goods, at what time will property in the goods pass from the seller to the buyer? (8 marks)

  • Where there is a contract of sale of unascertained goods, the property in the goods is not transferred from the seller to the buyer unless the goods are ascertained.
    (Section 25 of the Sale of Goods Act, 1962 ACT 137) (5 marks)
  • Under a contract of sale of goods, property in the goods passes when they are delivered to the buyer.
    (Section 26 of the Sale of Goods Act, 1962 ACT 137) (3 marks)