ABSTRACT

The objective of a contract of sale of goods is not only to transfer possession of the goods, but also to transfer property or ownership in the goods to the buyer. The Goods Act sets out rules for determining when property passes to the buyer. As we shall presently see, the passing of property to the buyer has several legal consequences as between the parties and in some instances in relation to other people. For example, it may determine who bears the risk of loss or accidental damage to the goods and whether the seller is entitled to sue for the purchase price. Hence, it is important to ascertain the exact time when property passes.