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Tranfer of Property

This document discusses the rules regarding the transfer of property or ownership in sales contracts under various circumstances: 1) Ownership can transfer either at the time the contract is made or upon payment, depending on the intentions of the parties. 2) For goods in a deliverable state, ownership transfers to the buyer as soon as an unconditional contract is made. 3) If the seller has to perform an act to put the goods in a deliverable state, ownership does not transfer until that act is completed. 4) Ownership does not transfer for goods that need to be measured or tested if that action has not occurred.

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Ameer Ahmed
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102 views3 pages

Tranfer of Property

This document discusses the rules regarding the transfer of property or ownership in sales contracts under various circumstances: 1) Ownership can transfer either at the time the contract is made or upon payment, depending on the intentions of the parties. 2) For goods in a deliverable state, ownership transfers to the buyer as soon as an unconditional contract is made. 3) If the seller has to perform an act to put the goods in a deliverable state, ownership does not transfer until that act is completed. 4) Ownership does not transfer for goods that need to be measured or tested if that action has not occurred.

Uploaded by

Ameer Ahmed
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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Tranfer of property

Transfer of property means transfer of ownership. Means the rights is transfer to the
buyer in respect of goods sold. The rules in regarding transfer of property are as
under.

Unascertained Goods
Are those goods in which goods are identified and separated when deals is
done or contract is sign between seller and buyer

For example
zubair is agree to sell 50 pieces of mobile to Ali out 200 which is stored in his
shop. Ali become the owner of the mobile when Zubair separated from the rest.

Intention of Parties
In contract of sale the rights are transfer when the parties of contract want to
transfer the ownership. It depends in the intention of the parties. They may transfer
at the time of contract or at the time of payment.
For example
Zubair sells his house to Ali the ownership is transfer when Ali made the
payment.
Goods in Deliverable State
When there is an unconditional contract for the sale of good in a deliverable
state. The property in the good is transfer to the buyer as soon as the contract is
made.
For example
The contract is made between Ali and Zubair the Zubair sell his car his to Ali
and the payment is made at the time of delivery. Ali accepted the offer. Ali become
the owner when he accepted the offer.
Goods to be put in Deliverable state
Good to be put in a deliverable state means that in a contract the seller is
bound to do something with good that it become in a deliverable state if he dont do
that then the ownership is not transferred.
For example

The contract is made that Ali sell his car to zubair. Ali pays to Zubair at the
time of contract but it is due on Zubair to wrap the car in blue color if dont do that
ownership is not transferred.

Goods to be Measured
When there is a contract and the good in a deliverable state. But the seller is
bound to weigh, measure, or test the goods or do some other act for the purpose of
ascertaining the price. The ownership is not transferred if this is not done.
For example
Zubair sold 2000 jacket to Ali. Before zubair could count them the jacket was
burnt in fire. The loss fell on Zubair because the ownership is not transferred to Ali.
Uncondintional appropriation
When ther is contract of sale for the future goods by description. The
ownership is transferred to the buyer when the good become in a deliverable state
are unconditionally appropriated to the contract.
For example
Sania bought 20 lipstick from Neha and take 9 with and pay for 9 only and said she
will take rest 11 next week. Sania failed to collect 11 lipstick. Neha sued for price
because the ownership is transferred.
Delivery to Carrier
The dilevery of goods to a carrier is considered the dilevery to the the buyer
and the ownership at once is transfers to the buyer.
For example
Ali buys a generator from a shopkeeper. When a shopkeeper hanover
generator to a carrier the ownership is tranfers to Ali.
Goods Delivered on Approval
In a contract of sale when the goods is delivered to the buyer on approval or
on sale or on return. The ownership therby transfer to the buyer.
For example
Ali send his mobile to sania on term of sale or return. The mobile become the
property of sania when she retain it.

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