Under a sale of goods contract, the seller agrees to transfer the title in goods to the buyer for a money consideration called the purchase price.
As with terms in all contracts, the terms of a sale of goods contract can be express or implied. The express terms, such as the purchase price, the time and place of delivery; quality and quantity of goods are agreed upon by the parties. The implied terms are stipulated in the acts. They are provisions are about the sale by description or by sample. Sale of goods contracts always contain a warraty of title to declare that the goods are free from any charge (fixed or floating) or other encumbrance (a legal claim on a property) in favour of any third party. Other types of representations include warranty of merchatability (a promise that the goods reasonably conform to an ordinary buyer’s expectations) and warranty of fitness for a particular purpose (a promise that the seller selects the goods to fit a specific request).
KEY VOCABULARY
by sample
charge
to conform to
delivery
encumbrance
express terms
implied terms
purchase price
title in goods
warranty of title
warranty of merchatability
warranty of fitness for a particular purpose
