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1.

Risk attached to property – whosoever is the owner the risk is with him
2. The buyer can exercise propriety rights over the goods –
 can resell
 creation of rights in rem
3. seller cannot sue for the price unless the goods have become the property of the buyer
4. if the buyer becomes insolvent the seller can exercise line if the goods are still in
possession with the seller – suit for price

Whether the test of reasonability can be excluded?

General property – this is ownership rights and for ownership rights there is no
In the case of Seath v Moore 1886, Lord Blackburn stated that
– it is essential that article should be specific and ascertained in a manner binding on both
parties for unless that we show the contract cannot be construe as a contract to pass the
property on that article ( the goods should either be ascertained or unascertained

How to make unascertained goods ascertained - by appropriation


– identification or agreeing upon with the consent of both the parties
 identified in accordance wit the agreement after the time the contract of sale is
made and I shall assume that
* Section 19 property passes with intention of the parties by 3 things
1. Terms of contract
2. Conduct
3. Circumstances of the case
 Agriculture market committee v Salmar chemical works 1997 5 Scc pg no
86
 Bhagwat Narayan Tendulkar v Goa cooperative marketing and supply co
operation limited 1998 2 Mr Lg 703 Bombay
Sacks vs Tilley 1915 32 TLR 148 – when intention can be discern

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