• September 24th, 2016
  • Posted by athanne

Goods in a Deliverable State

Goods in a Deliverable State are an aspect under transfer of property in Goods in Kenya. It is a very crucial topic especially in business related fields. The precise moment at which property of goods passes from the seller to the buyer is of great importance.

Rules regarding Transfer of Goods in a Deliverable State

Rules regarding transfer of Goods in a Deliverable State may be considered from two dimensions.

  • Transfer in specific or ascertained Goods  in a Deliverable State
  • Transfer in un-ascertained or future Goods in a Deliverable State

Transfer in Specific or Ascertained Goods in a Deliverable State

Transfer in Specific or Ascertained Goods in a Deliverable State is one of the rules regarding transfer of Goods in a Deliverable State.The parties to the contract determine when property is transferred be it at the time of making the contract or at delivery. In the absence of such express terms the following rules will apply.When Goods in a Deliverable State in Kenya are transferred at the time of contracting regardless of when the price is to be paid or delivery to be made.

When Goods in a Deliverable State are ready for transfer the buyer must be notified.When Goods in a Deliverable State have to be measured to ascertain price in which case the buyer must be notified once the goods have been ascertained.When goods are delivered on approval then property is passed when;

  • The buyer signifies his approval or acceptance or does any to adapt the transaction
  • The buyer retains the good without giving notice of rejection beyond a time fixed for the return of goods.

 Goods in a Deliverable StateTransfer in Un-ascertained or Future Goods in a Deliverable State

Transfer in Un-ascertained or Future Goods in Deliverable State is another rule regarding transfer of Goods in a Deliverable State.Transfer of Goods in a Deliverable State will only take place after ascertainment of or after the goods have been put in a deliverable state.

An unauthorized sale by a non mercantile agent is when the mercantile agent having authority to sell Goods in a Deliverable State conveys a good title to the buyer. Transfer of title by estoppel is when the principle of estoppel holds that it is unfair and unjust to allow a party to depart from a particular state of affairs which he has led another person to believe to be true.

Sale by a person in possession under a voidable contract. If Goods in a Deliverable State are sold before the contract rescinded the buyer obtains title as long as he is acting in good faith and has no prior knowledge of defect in title.

Sale by seller after sale is when the seller has sold the goods again after selling it. As long as there is no knowledge of previous sale then the buyer will obtain a good title.

Sale by a buyer in possession after agreement to buy. As long as it is in good faith and no prior knowledge of lien then buyer obtains good title for Goods in a Deliverable State.

Resale by an unpaid seller is when one  has waited for a reasonable time the seller can sell the Goods in a Deliverable State to another person.

Performance of a contract is when either party have fulfilled their duties according to the rules of the contract of sale implies delivery of goods by the seller and acceptance of delivery of goods and payment for them by the buyer in accordance with the contract. Delivery can be described as the voluntary transfer of possession of goods from one person to another.

Rules to Delivery of Goods in a Deliverable State

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There are five rules related to Delivery of Goods in a Deliverable State are as follows;

The first rule related to Delivery of Goods in a Deliverable State is  where the contract has not stated the place of delivery the goods must be delivered there on a working day during working hours. If the contract does not state;

  • In a sale of the goods they are delivered at the place where they are at the time of the sale
  • In the case of an agreement to sell then they are delivered where they are at the time of the agreement.
  • In the case of future Goods in a Deliverable State, they are to delivered at the place of manufacture of production
  • Time of delivery-If it is not stated then it should be within reasonable time and at a reasonable hour.

The second rule related to Delivery of Goods in a Deliverable State is where they are in possession of a 3rd part.There must be constructive delivery. The 3rd party must acknowledge that he is holding the goods on behalf of the seller

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The third rule related to Delivery of Goods in a Deliverable State is where the expenses of Goods in a Deliverable State are borne by the seller unless otherwise stated.

The fourth rule related to Delivery of Goods in a Deliverable State is where the Goods in a Deliverable State are delivered but are not the right consignment then the buyer can reject them.

The fifth rule related to Delivery of Goods in a Deliverable State is where the quantity delivered is more or less or mixed or where the seller has mixed qualities.The buyer is entitled to reject the whole consignment of Goods in a Deliverable State or accept quality and quantity ordered and reject the rest of the goods

Acceptance of Goods in a Deliverable State

Acceptance of Goods ina  Deliverable State is where the buyer is considered to have accepted Goods in a Deliverable State. This is when he or she communicates to the seller that he has accepted. It is also when Goods in a Deliverable State goods have been delivered to him and he doesn’t react regarding any inconsistencies. It is also when he retains the Goods in Deliverable State after the lapse of reasonable time without communicating any rejection.

Rights of an Unpaid Seller for Goods in a Deliverable State

The Rights of an Unpaid Seller for Goods in a Deliverable State occurs when a seller is considered to be unpaid under the following circumstances. It also occurs when the whole of the price has not been paid.

When a bill of exchange given in payment is dishonored, the seller rights are two-fold:Rights against the goods and rights against the buyer personally

Rights against Goods in a Deliverable State as a right to the seller

Rights against Goods in a Deliverable State is one of the rights of a seller. These are exercisable even though property may have passed to the buyer. They are; rights of lien,rights of stoppage of goods in transit and rights of resale

Rights against the Buyer for Goods in a Deliverable State as a right to the seller

Rights against the Buyer for Goods in a Deliverable State are also a right to the seller. They are; rights of unit for price and rights for damage for non acceptance.

Rights of the Buyer for Goods in a Deliverable State

  • Suit for damages for non delivery of goods in Kenya
  • Suit for specific performance
  • Suit for damages for breach of warranty
  • Suit for rescission of contract and damages for breach of condition
  • Suit for recovery of price together with interest.

Further information can be found in Business Training in Kenya

Conclusion of Goods in a Deliverable State

Goods in a Deliverable State are very crucial aspects in business since the issue tends to bring a lot of controversy. With regard to the information provided above, the issues concerning Goods in a Deliverable State has been extensively covered.

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