ACTG 2P40 Lecture Notes - Lecture 8: Only Time, Nuisance, Fundamental Breach
7 Nov 2015
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Chapter 14 sale of goods: application of the sale of goods act, meaning of sale : transfer of title for money not including lease or consignment. Condition = fundamental breach: have to have ownership and have to be able to transfer the ownership. If they don"t have ownership than that would be a fundamental breach. Warranty = not fundamental breach, damages: quiet enjoyment liens without being disturbed unreasonably. If they have ownership and can transfer ownership but has a loan against the object, the new owner can check the ppsa to see if there are any liens with the object. Liens travel with the object and not with the owner: can only sue for your damages, the goods correspond with the seller"s description. Condition: consider if misrepresentation is an argument as well, sale by sample. Condition: has to be the same as the sample, suitability and quality of goods (implied term as to fitness) *******
