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Notes snippet from chapter 6, seller obligation, contracts involving carriage:
“if no place is specified, implied terms apply:
? if carriage of the goods is involved in the contract, the seller’s obligation ceases when
the goods are delivered to the carrier ( or first carrier if more than one is involved )? if unidentified goods are in the seller’s inventory, the seller’s obligations are complete
upon placing the goods at the buyer’s disposal? if specific goods are involved, again, the seller’s obligations are complete upon placing
the goods at the buyer’s disposal.”my understanding:
no place specified but carriage involved = seller obligation ceases at handing goods to first carrier
no carriage involved = responsibility ceases at seller premises
my question:
I mean if no place specified but carriage involved, or no carriage involved…these are different situations.
Where does the “unidentified goods” and “specific goods” fit in this scenario, given that its placed under no place specified in your notes.
my comment:
So that part of notes are really vague.
The difference, surely, is whether the goods are to be handed to a carrier. Where carriage is involved, the seller’s obligations end when the goods are handed to the carrier (or first carrier)
Where delivery of the goods involves carriage, but no place for delivery is specified, then delivery is effective when the goods are ready for delivery and the buyer has notice of that fact, whether or not those goods are specific or unascertained.
It’s no longer the seller’s responsibility to load the goods onto a carrier’s transport for physical delivery to the buyer. It’s the buyer that should arrange for the collection and delivery of the goods to whatever location the buyer wishes.
I appreciate your comment at the end of your post and, having forced myself to listen to the appropriate offending extract in the lecture, I think maybe I should have emphasised the point that I have just made to you – the onus is on the buyer to arrange their own transport for collection and physical delivery.
Is that any better?
I’m writing in this style to keep it to the point and clear:
Carriage involved and specific location stated:
– seller must send the goods to that specific locationCarriage involved and no specific location or place specified:
– seller responsible for handing over good to carrier (or first carrier)No carriage involved:
– goods are at disposal of buyer at seller’s premisesconfusing part for me:
unspecified goods and specific goods, carriage involved and no place is defined, so what happens in this situation…what about this part?
Many Thanks
I love your style! It makes it unambiguously clear exactly what it is that you are asking!
Unascertained goods (unspecified in your post) – passing of title when goods are ready for collection (wrapped, weighed, priced) and the buyer has notice of that fact.
Specified (specific in your post) – passing of title when goods are ready for collection and buyer has notice of that fact.
Is that any better? If not, please do post again.
Unascertained goods & specific goods, carriage involved but no place specified
– buyer is responsible when he receives notification of goods available for delivery, from here on its all on the buyer’s end.Thanks for clarifying this concept.
PS: I try to make things easier and clear for others to read out.
“Thanks for clarifying this concept.”
You cannot begin to comprehend how happy it makes me to clear problem areas up for students of the ACCA Law paper.
I would get out more but I’m busy reading up to date All England Times Law Reports.
🙂
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