Goods—property, title and risk

Published by a ½Û×ÓÊÓƵ Commercial expert
Practice notes

Goods—property, title and risk

Published by a ½Û×ÓÊÓƵ Commercial expert

Practice notes
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This Practice Note considers the point at which property, title and risk pass from a seller to a buyer in a business to business (B2B) Sale of goods transaction depending upon the nature of the Goods, the intention of the parties, the terms of the contract to which the sale is subject and the provisions of the Sale of Goods Act 1979 (SGA 1979).

In a sale of goods contract it is the duty of the buyer to accept and pay for goods in exchange for the seller delivering the goods to the buyer.

A sale of goods from a seller to a buyer will involve the passage of property, title and risk. The point at which that occurs depends on, the nature of the goods, the intention of the parties, the terms of the contract to which the sale is subject and the provisions of the SGA 1979.

Are property and title the same?

There is an apparent distinction in SGA 1979, Part III between property and title to goods. Part III is divided into two parts:

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Jurisdiction(s):
United Kingdom
Key definition:
Goods definition
What does Goods mean?

Goods denote personal chattel and other property which may be detached from land.

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