ABSTRACT

Sale of goods transactions are the most basic form of commercial transaction. They involve the buying and selling of physical goods and the delivery or transfer of the ownership in the goods from sellers to buyers. This chapter focuses on a range of areas that are connected with any valid and enforceable sale of goods in countries of the region. These include concepts in sale transactions, transfer of property in the goods, transfer of title from a non-owner to a buyer, statutorily implied terms, performance of the contract, and applicable remedies in the event of default by either party. There are local Sale of Goods Acts for Samoa, the Cook Islands and Fiji. The laws of the other countries in the USP region derived their origin from the UK Sale of Goods Act 1893. A number of these countries also rely on adopted or extended versions of the relevant English Sale of Goods Acts.