Scope and effect of sale of goods act Essay Example | Topics and Well Written Essays - 1000 words

Scope and effect of sale of goods act - Essay Example The passing of property from the seller to buyer gained significance in the context of the buyer placing an order with the seller and then becoming insolvent. Had the product ordered for by the buyer already been shipped there arose a discrepancy in regard to the rights of the seller since he would unwillingly provide credit. The act clearly states that until all of the terms of the contract of the sale of goods, mainly the payment for the product, are met by the buyer, the seller has the right of disposal over the product. The clause â€Å"notwithstanding the delivery of the goods to the buyer† (Sales of Goods Act 1979, s19 (1)) gives a right to the seller to claim possession of the goods in question if the buyer has not fulfilled the terms of the contract. This clause is unlike those of international contracts which make property pass effective at a particular physical point or time such as during payment or at the loading port of ships (Ziegler, 139). (b) The rights of an u npaid seller against the buyer The rights of an unpaid seller are treated in section 19 of the act by allowing the seller, the title of retention of the goods to be sold to the buyer unless all the terms of the contract for the sale of the goods is fulfilled by the buyer. The rights of an insolvent or bankrupt buyer are superseded by the title of retention clause of the act whereby the seller has the right to repossess the goods even in case it has already been shipped to the buyer. ... In such cases, it is argued that it would upset the administration of the buyer’s business and hence the seller must not be given the right to disposal (Tomasic, 199). 2. Romalpa Clause Aluminium Industrie Vaassen BV v Romalpa Aluminium Ltd Section 19 of the Act clearly states the rights of the unpaid seller; however a unique situation arose in 1974 when a Dutch manufacturer, Aluminium Industrie Vaassen BV brought out an action against an English company, Romalpa Aluminium Ltd. The plaintiffs claimed that they were entitled to the aluminium foil that was at the premises of the defendant since they had not paid for the goods and to the proceeds of the foil that had been sold to third parties by the defendant. The contract made between the plaintiff and the defendant reiterated the right of the seller over the goods until payment was made by the buyer, it also did not provide any stated power to the defendant to sell the foil; however it was agreed by both the parties subsequent ly that the defendant had an implied power to sell the foil. This agreement did not help either of the parties by any margin. While the defendant argued that it had sold the foil on its own account and was not an agent of the plaintiff’s, the plaintiff on the other hand chose to exercise the right of the seller as put forward by the Sales of Goods Act. . The case had become complex on two accounts: a part of the foil delivered to the defendant had been sub sold and this foil that was sub sold was in the same form as that delivered to the defendant. The court had to decide whether the defendant was acting merely as an agent of the plaintiff while sub selling the foil or if the

List of Individual Rights Research Paper Example | Topics and Well Written Essays - 1250 words

List of Individual Rights - Research Paper Example The English Bill declares that choosing the members of parliament should be unrestricted. As such, limits on speeches in parliamentary debates like other bills. The English Bill of Rights is a manuscript that has a great significance in the English history. It is also a very vital chapter of the rights to those subjects under the English Law. The bill had some dissimilarity with US Bill of rights. The dissimilarities arose due to the difference in the process of enacting and undoing the bill (Vile, 2003). Unlike the US Bill of Rights, the English Bill of Rights could be enacted and undone by the statues. The US Bill of Rights could be enacted and undone by the constitutional amendment. Additionally, unlike the other Bills, which refer to the amendments in constitutions, the English one describes the rights for the individuals to petition the King (Vile, 2003). â€Å"The US Bills of Rights 1789† In 1989, the Congress in the US received 17 amendments of which ten were accepted a nd integrated into the constitutions. The ten integrated were named the Bill of Rights. The US Bills of Rights is similar to other bills like the English Bills of Rights. Some of the amendments in the US especially from amendment one to six have similar elements as those in the English Bill of Rights. Unlike the US Bills of Rights, the other bills of rights are more expansive. ... is a global customary law that describes the understanding of the inviolable rights of individuals like the US and the English Bill of rights (Horvits & Catherwood, 2006). The document by the General Assembly has some similarities with the other bill of rights especially the US Bills of Rights. This is because it was adopted based on the US Bills of rights. Additionally, like other Bills of Rights it consists of a list of the rights of persons from their private lives to their participation in the society (Horvits &Catherwood, 2006). The Universal Declaration of Human Rights 1948 is different from the US Bill of Rights and the English Bill of Rights since it is applicable globally. The others are only application to the states in which they were amended but not other countries. Additionally, it describes the responsibilities of the international community members (Horvits &Catherwood, 2006). Philosophical underpinnings The creators of the lawful system in the countries gave individua ls in the states the ideas used in developing the state particularly those who are within the Declaration of Independence and the constitution (Whitehead, 2008). In the Declaration of Independence, the words like life, autonomy, and contentment are very common. In the Bills of Rights, happiness is connected to material success and individuals are happy after owning property. In the present America, individuals love material things and the philosophical underpinnings related to the right to possess property are found in the books written by philosophers like John Locke (Whitehead, 2008). In his book, John Locke showed that individuals correspond with the Natures’ harmony. According to the philosopher, God made man and man’s mind; hence, it is possible for man to make his mind to be in