In: Operations Management
Explain the principle of risk prima facie passes with property and how the property of goods transfer from the buyer to the seller by taking reference from the provision of the Sale of Goods Act.
Principle of risk prima facie passes with property
Answer for :how the property of goods transfer from the buyer to the seller by taking reference from the provision of the Sale of Goods Act.
Answer: The Property of goods transfer from the buyer to seller takes place by following essentials --
The two essentials requirements for transfer of property in the goods are:
Goods must be ascertained: Unless the goods are ascertained, they (or the property therein) cannot pass from the seller to the buyer. Thus, where there is a contract for the sale of unascertained goods, no property in the goods is transferred to the buyer unless and until the goods are ascertained .
Intention to PASS Property in Goods must be there: In a sale of specific or ascertained goods the property in them is transferred to the buyer at such time as the parties to the contract intend it to be regard shall be had to the terms of the contract, the conduct of the parties and the circumstances of the case.
Examples by taking reference from the provision of the sale of goods act-