Faola Divine Lex

  GOODS Goods are the subject matter of a contract of sale without which there cannot be a contract of sale. Section 62(1) of the Sales of Goods Act defines goods to include; “all chattel personal other than things in action and money… the term includes emblements, industrial growing crops and things attached to or forming part of the land which are agreed to be severed before sale or under the contract of sale.” From this definition, the following deductions can be made:  1 . Personal chattels are included in the definition of goods while real chattels such as land are not included under the ambit of sales of goods. Personal chattels are tangible, movable properties and are distinct from chattels real which are immovable e.g buildings  2 . Emblements are vegetables or crops produce which are as a result of agricultural labour (fructus industriales) such as cocoa, cassava etc . It should be noted that where such produce are still attached to the land or fo...

  SALES OF GOODS Pursuant to section 1 of Sales of Goods Act 1893, Sales of Goods is defined as  “a contract whereby the seller transfers or agrees to transfer the property in goods to the buyer for a money consideration called price.” The above definition envisages two situations namely  1 . A contract of sale  2 . An agreement to sell  CHARACTERISTICS OF SALES OF GOODS  1 . There are two parties to a contract of sale of goods namely the seller and the buyer. Section 62(1) of the Sales of Goods Act defines a seller as “a person who sells or agrees to sell goods” and a buyer as “a person who buys or agrees to buy goods.” 2 . The subject matter of the contract must be goods. 3 . The contract must also involve the transfer of property in the goods from the seller to the buyer. Property in goods as used in Sales of Goods Act means ownership or title to the goods.  4 . The consideration for the contract must be in from of money call...