ADMS 2610 Lecture Notes - Lecture 21: Liquidated Damages, Specific Performance, Fundamental Breach

• School: York University
• Department: Administrative Studies
• Course: ADMS 2610
• Professor: Alex Browning

Document Summary

Immediate transfer (sale: transfer in future / subject to fulfillment of condition (agreement to sell, transfer titles even if goods not yet existent, application of the act, applies to sale of goods, not applied to. Land: services, may apply to mixed sale (goods and services, determine preponderant part of contract. If majority is service: contract for work & materials, not goods. Intention to transfer: not applied to lease & consignment, monetary, goods transferred for money, barters do not apply, consignment not apply either. I will buy tv after you get it appraised: rule 4, type of contract, specific goods to buyer on approval/return, property passes, buyer signifies, approves, or adopts transaction, ex. On receipt: or accept goods without rejection (stay silent, unless explicitly state withhold of title, fixed period or reasonable time lapses, reduce risk for seller. If time passes & goods damaged, buyer liable since title: ex. If goods damaged during mail, buyer liable: e(cid:454).