ABSTRACT

Most cif contracts are for the sale of unascertained goods. It is an overriding rule that property cannot pass until the goods are ascertained. Subject to this, where the contract is for the sale of specific goods or for the sale of unascertained goods which have been ascertained, the rule is that property passes when it is intended to pass. On the whole, express provisions as to when property is to pass seem to be unusual so the court has to infer the party’s intention from the circumstances.