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Hi Good day!!!
I am very confused in term of “identification of good”, which is appropriated to the contract.
for example if there is a consigment of fruits, which contains 5 tonnes of lemons, 2 tonnes of apples, and 3 tonnes of bananas.
if i want to buy all apples from this fruits consigment, will the 2 tonnes of apples constitute clearly identified good in this circumstance?thanks a lot.
So long as you say “the apples” or “the 2 tonnes of apples” and you identify the consignment within which those apples are included
But why would there be a consignment of fruit? Who has sent this consignment, and why? And to whom?
The only situation that I can think of would be where you go along to your local fruiterer and ask “Do you have any apples in inventory”
The fruiterer says “No, but I will have in about 2 hours – I’m expecting a delivery of 5 tonnes of lemons, 2 tonnes of apples, and 3 tonnes of bananas”
“Oh great” says you. “I would like to buy the apples that are within that consignment”
That would be sufficient to identify the goods
But if you were to want only half a tonne, then your statement “Oh great – I would like to buy half a tonne of those apples that are within that consignment” would not be sufficient to identify the goods
Clear?
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