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)