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    Please can you help me with the following scenario...

    Early on Friday morning, ABC Ltd was advised by NottEast Railways that the oak veneered panels had arrived at Nottingham railway station. ABC Ltd duly authorised NottEast Railways to deliver the panels to Bendit Ltd which went to the station to collect them. However, when Bendit Ltd arrived it was discovered that thieves had broken into one of the containers and stolen 100 of the panels. This theft occurred shortly before ABC Ltd authorised NottEast Railways to deliver the goods to Bendit Ltd. The price of oak veneered panels is continuing to rise and Carlton Ltd is insisting upon taking delivery of the remaining 150 panels at the contract price. Bendit Ltd has itself agreed to accept delivery of the remaining 150 panels from ABC Ltd but now intends to sell these to another customer at a much higher price.

    When did property pass? After the delivery of goods but before authorisation to release them OR after the delivery of goods and after authorisation . Would the carrier bear any risk under section 32 (1) of SGA 1979?

    Please explain, thanks.
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    i think dont think property can pass if you reserve the right of disposal so because the thieves stole the panels before authorisation it didnt pass? and also because they were delivered to nottingham railway that can be regarded as a specified place so s.32(1) doesnt apply so risk remains with seller? im not 100% sure tbh
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    (Original post by lawstudent102)
    Please can you help me with the following scenario...

    Early on Friday morning, ABC Ltd was advised by NottEast Railways that the oak veneered panels had arrived at Nottingham railway station. ABC Ltd duly authorised NottEast Railways to deliver the panels to Bendit Ltd which went to the station to collect them. However, when Bendit Ltd arrived it was discovered that thieves had broken into one of the containers and stolen 100 of the panels. This theft occurred shortly before ABC Ltd authorised NottEast Railways to deliver the goods to Bendit Ltd. The price of oak veneered panels is continuing to rise and Carlton Ltd is insisting upon taking delivery of the remaining 150 panels at the contract price. Bendit Ltd has itself agreed to accept delivery of the remaining 150 panels from ABC Ltd but now intends to sell these to another customer at a much higher price.

    When did property pass? After the delivery of goods but before authorisation to release them OR after the delivery of goods and after authorisation . Would the carrier bear any risk under section 32 (1) of SGA 1979?

    Please explain, thanks.


    So your a NTU student then
 
 
 
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