Exam 16: Sale of Goods

"The sole warranty between the seller and buyer is the warranty set out in this contract." This written statement is an example of

The terms in a contract of sale relating to delivery are mainly concerned with the

In any type of contract or quotation, goods stipulated as ready for delivery and clearly identifiable are

Bill sells his motor vehicle to Jack for $2000. No mention is made about encumbrances registered against the vehicle. Jack discovers two weeks after the sale that the car is encumbered by a chattel mortgage to a financial institution with $1750 owing. What recourse does Jack have by virtue of the Sale of Goods Act and what remedy is he entitled to? If Bill did not own the vehicle when he sold it to Jack would your answer be different?

Herman agreed to sell his entire model railway to Dixie Grant for $1700. Dixie signed an agreement which stated that the goods were available for pickup on September 1st and that she paid a deposit of $500. Dixie refused to pick up the goods on September 1st and Herman shortly thereafter sold the goods to a third party for $1,650. What right does Dixie have to the recovery of her deposit?

Which of the following is a remedy of the seller under the Sale of Goods Act?

John asks Peter to paint his home. Peter tells John he will need to purchase certain supplies including paint and brushes. The work that Peter will be doing, including the purchase of supplies is governed by the Sale of Goods Act.

When a buyer relies on a catalogue and a sample in placing an order, the Sale of Goods Act implies:

Which of the following would be governed by the Sale of Goods Act?

Under contract of sale law, which of the following is NOT a remedy available to the seller?

What is the difference between a contract for sale of goods and a consignment contract?

Describe four common law remedies a buyer may have against a seller of goods.

Lummi Wholesale ordered 16 cases of canned codfish from King Cannery Inc. Since Lummi's account with King Cannery was overdue, King wouldn't release the 16 cases of cod unless they received "cash in hand" at the pick- up. Does King Cannery have a right to demand payment before the customer picks up their order?

While in the shopping mall, Mabel special ordered a $29.95 video from VistaVideo. She was asked to place a $10 deposit on the order because it was "store policy". A little while later, before leaving the mall, Mabel changed her mind about ordering the video because "she needed the $10 for something else". VistaVideo refused to return the money. Is Mabel entitled to get the $10 back?

Amanda sold goods at a flea market. She displayed her goods on a large table and marked the price with a label on each item. Dalton chose a piece of china from Amanda's table and paid her the labelled price of $59. Two days later he returned and demanded his money back based on the fact that the piece of china was not "Royal Crown" but "Crowne Royale". Does Amanda have to return his money? What principle of law governs in this case?

Colin had been having trouble with wild animals. He asked the salesman at Hardware Sales what kind of motion detection light would be best to install in his pump house. According to the Sale of Goods Act, Colin should expect a light that

Donald visited the premises owned by Mary's Hay Farm Ltd. and viewed a stack of more than 4,000 bales of hay. He agreed to purchase 800 bales for $2.00 per bale. He paid the $1,600 and advised that he was going to get his truck and would return in about three hours. When Donald returned three hours later he noticed that there was a smoldering pile of debris where the stack of bales had previously been. The entire stack had been destroyed. Who is entitled to the $1,600? Give the legal basis for your answer. What additional fact do you need to know in order to confirm your answer?

Brent Cook owns and operates a farm supply store selling feed and hardware for the farm. a. Mary Martin wants to buy a type of mink feed which must be ordered from Regina. Brent has a sample which he shows Mary. What rights does Mary have before she is bound to accept the feed when it arrives at Brent's store and under what circumstances can she reject the goods? b. Donald Jones enters the store and buys 50 feet of marine rope used primarily by water skiers. The rope breaks while being used by Donald to raise bales of hay from a truck to the hay loft of Donald's barn. The bales fell onto the truck, damaging it and injuring Donald who is sitting in the cab. Donald sues Brent on the basis of breach of implied condition of fitness for the rope. What must Donald establish in order to be successful? What defences does Brent have? What is the likely outcome?

John and Jane entered into an agreement for the sale and purchase of an ornate oak table. The purchase price was $450. The contract was silent as to the time for payment. John, the vendor, insisted that the $450 be paid to him before he would deliver the table. Jane insisted that the table be delivered to her before she paid the $450. Who has taken the correct position? Give the legal basis for your answer.

International Shippers Corp. wants your advice on the legal implications of international trade. Business has been developing in parts of the Middle East where it's sometimes hard to collect from customers. You advise International Shippers that they should