在新西兰
delivery 和 payment 的问题
Sales of Goods Act
Nicola is the owner and manager of Pedal Fast Bikes. She has a shop and a warehouse in Panmure.
She receives and order by telephone for 3 racing bikes from Mike Bikes. He pays fo the bike using his credit card number over the phone and asks for her to deliver them. Nicola tells Mike that they have hundreds of those bikes in stock and she will pick out the colour he wants the next day.
Later that same day, a regular customer Megan from Yellow Bikes comes in to order 12 mountain bikes for her shop with many extra parts and a little girls bike for her daughter. Nicola places sold stickers on each of the 12 mountain bikes along with labels identifying Megan and the buyer and her address. However because it is getting late she will find and add the extra parts and calculate the final price tomorrow.
Nicola however knows the price of the girls bike, packages this with Megan's name and address and puts it with other goods to be collected by a courier and delivered the next morning. Megan has agreed to pay at the end of the week. However that night the wine shop burns down destroying all the wine. Due to the fire the wine for both Mike and Megan was destroyed and could not be delivered.
With reference to sections 18 to 20 of the Sale of Goods Act 1908, identify in each of the situations above whether:
1. Mike has title (ownership) to the 3 racing bikes ordered and whether he is entitled to anything now they have been destroyed. Will he gey his money back?
2. Megan has title (ownership) to the 12 mountain bikes ordered or the girls bike and whether she is entitled to anything now they have been destroyed. Will she have to pay?
有人会做吗？？谢谢~~~~
评论
18 Goods must be ascertained
Where there is a contract for the sale of unascertained goods, no property in the goods is transferred to the buyer unless and until the goods are ascertained.
Compare: 1895 No 23 s 18
19 Property passes when intended to pass
(1) Where there is a contract for the sale of specific or ascertained goods, the property in them is transferred to the buyer at such time as the parties to the contract intend it to be transferred.
(2) For the purpose of ascertaining the intention of the parties, regard shall be had to the terms of the contract, the conduct of the parties, and the circumstances of the case.
Compare: 1895 No 23 s 19
20 Rules for ascertaining intention
Unless a different intention appears, the following are rules for ascertaining the intention of the parties as to the time at which the property in the goods is to pass to the buyer:
Rule 1. Where there is an unconditional contract for the sale of specific goods, in a deliverable state, the property in the goods passes to the buyer when the contract is made, and it is immaterial whether the time of payment or the time of delivery, or both, is postponed.
Rule 2. Where there is a contract for the sale of specific goods, and the seller is bound to do something to the goods for the purpose of putting them into a deliverable state, the property does not pass until such thing is done, and the buyer has notice thereof.
Rule 3. Where there is a contract for the sale of specific goods in a deliverable state, but the seller is bound to weigh, measure, test, or do some other act or thing with reference to the goods for the purpose of ascertaining the price, the property does not pass until such act or thing is done, and the buyer has notice thereof.
Rule 4. Where goods are delivered to the buyer on approval, or on sale or return or other similar terms, the property therein passes to the buyer—
(a) When he signifies his approval or acceptance to the seller, or does any other act adopting the transaction:
(b) If he does not signify his approval or acceptance to the seller, but retains the goods without giving notice of rejection then, if a time has been fixed for the return of the goods, on the expiration of such time, and if no time has been fixed, on the expiration of a reasonable time. What is a reasonable time is a question of fact.
Rule 5.
(1) Where there is a contract for the sale of unascertained or future goods by description, and goods of that description and in a deliverable state are unconditionally appropriated to the contract, either by the seller with the assent of the buyer or by the buyer with the assent of the seller, the property in the goods thereupon passes to the buyer. Such assent may be expressed or implied, and may be given either before or after the appropriation is made.
(2) Where, in pursuance of the contract, the seller delivers the goods to the buyer, or to a carrier or other bailee (whether named by the buyer or not) for the purpose of transmission to the buyer, and does not reserve the right of disposal, he is deemed to have unconditionally appropriated the goods to the contract.
Compare: 1895 No 23 s 20
http://www.legislation.govt.nz/a ... el&p=1&sr=1
评论
感谢楼上~~~~~