ABSTRACT
This chapter covers the passing of property and risk. It incorporates the topic of retention of title clauses, and also deals with perishing goods.
Checklist
The following topics should be prepared in advance of tackling the questions: • the provisions in ss 16-19 of the Sale of Goods Act 1979 on the passing of
property and the case law thereon; • the provisions in s 20 of the Sale of Goods Act 1979 on the passing of risk
and the case law thereon; • the rules in ss 20A and 20B applicable where the buyer has paid for
unascertained goods out of an identified bulk; • retention of title (Romalpa) clauses; • the rules in ss 6 and 7 of the Sale of Goods Act 1979 on the perishing of
specific goods and the analogous common law rules on the perishing of unascertained goods out of a specific bulk;
• the law on the doctrine of frustration and how it interrelates with the item just mentioned.
