ABSTRACT

CLASSIFICATION OF THE CONTRACT Any contract for the sale of goods will concern one of three types of goods

SPECIFIC GOODS These are goods identified and agreed upon at the time the contract is made (s 61). Thus, the goods are specific goods only if it is possible, at the time the contract is made, to identify the particular goods which are being sold (Kursell v Timber Operators [1927]). Property in specific goods passes when the parties intended it to. Failing a clear indication (either by words or conduct) by the parties as to when they intend property to pass, the following rules (from s 18) will be applied by the court to decide who owns the property.