BLAW 3100 Chapter Notes - Chapter 16: Consumer Protection, Barter, Certified Check
Document Summary
Intended to fill the gaps in the terms of a (sales) contract. Terms in contract prevail over provisions of act. Not restricted to retail and consumer transactions; it also applies to commercial transactions. If parties have a sale contract, the contract will apply. Sales of goods act does not apply to: Goods: tangible items (watches, tv"s, books, animals, groping crops, etc. ) Services (except when it involves the installation of goods) Choses in action (negotiable instruments, bonds, documents representing rights or claims) Title of the good must be transfered (at the moment of the sale contract or in an agreed upon future date) in order for the act to apply. If the transaction is not a sale, but is securing a loan, the act does not apply. Does not apply to barter (exchange) unless money is also exchanged. Except where security is part of the sales transaction (i. e. financed car) Agreement to sell title transfers at some future time.
