Passing of property and risk

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 passes when the parties intended it to. Failing a clear expression by the parties as to when they intend property to pass, the following rules (from s 18) apply.