Commercial law Essay Example | Topics and Well Written Essays - 2500 words - 1

Commercial law - Essay Example â€Å"What is needed for ascertainment is that the buyer should be able to say, Those are my goods This requirement is satisfied if he can say, All those are my goods. There is no need to be able to say that any particular goods came from any particular source.† Once the goods have been ascertained, thereby releasing the inhibition of sect. 16, the moment at which the parties intended title to pass may be inferred relying on the prima facie presumption created by rule 5(1) of sect. 18, i.e. that title passed when the unascertained goods sold by description and being in a â€Å"deliverable state†5 were unconditionally appropriated by one party with the assent of the other. Delivery of the goods by the seller to a carrier or other bailee for the purpose of transmission to the buyer is said by rule 5(2) of sect. 18 to constitute an act of unconditional appropriation.6 Where, for example, the seller still has the obligation under the contract to actually deliver the goods to the buyer, title may already have passed to the buyer upon some prior act of appropriation.7 Possession will only be transferred upon actual delivery.8 Unconditional appropriation is the irrevocable earmarking of the goods as the contract goods, after which act the seller gives up his right to change his mind and substitute other goods of the same kind.124 Unconditional appropriation was held, in Carlos Federspiel & Co., S.A. v. Charles Twigg & Co. Ltd.,9 to mean that the seller must have the intention to irrevocably attach the goods to the contract of sale, holding out that those goods and not others are the subject of the sale. When Ken Mortors selected six Ford Ka motors intending four to go to WAH, the goods going to WAH at that moment was sufficiently ascertained and earmarked because necessary documentation including the car’s identification would have to be prepared for delivery to WAH along with the specific cars. Therefore, title to the Ford Motors was passed to WAH at that