Asked by Kamri Smith on Jul 04, 2024
Verified
In which of the following would the title pass to the buyer only when the goods were "unconditionally appropriated" with assent?
A) Jethro chose the guitar and paid for it, but it had to be strung before it was ready.
B) Alice chose a guitar that was ready and he agreed to buy it. They had agreed that he could pay for it next month and pick it up when he paid.
C) Mark chose a guitar advertised in the catalogue of Guitars Galore Ltd., called the store, and after some discussion on its features and price, ordered it.
D) After some discussion with the owner of Guitars Galore Ltd. as to which of the guitars there were best for a beginner, Rudy bought a guitar for his son "on approval" and took it with him.
E) Jenny wanted amplifier A for her guitar, but the store only had amplifier B. She decided to take it because she wanted one right away.
Title Pass
Title Pass refers to the transfer of ownership rights from one party to another, often involved in the sale and purchase of property or goods.
Unconditionally Appropriated
Assets or funds that are designated for a specific purpose or recipient without any conditions attached.
Assent
Agreement to the terms of an offer in contract law, which is a necessary component of contract formation.
- Assess the Sale of Goods Act's impact on negotiation processes and the conveyance of title, noting its strengths and weaknesses.
Verified Answer
ZK
Zybrea KnightJul 05, 2024
Final Answer :
C
Explanation :
In option C, the title passes to the buyer only when the goods are "unconditionally appropriated" with assent, which occurs when Mark orders a specific guitar from the catalogue after discussions on its features and price. This process involves selecting the goods, agreeing on the terms, and then the seller must set aside the specific item (appropriation) for the sale to be completed.
Learning Objectives
- Assess the Sale of Goods Act's impact on negotiation processes and the conveyance of title, noting its strengths and weaknesses.