The nature of sale of goods transactions

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5 Terms

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SOGA

Sale of goods act 1893

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Is SOGA all embracing and mandatory?

No! It was originally intended to be the “default” code (era of free market liberalism). The current version is mandatory to a greater extent but it is still not mandatory and all embracing.

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Why was SOGA drafted?

To codify existing case-law (not to create new law)

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Vagliano-principle

When interpreting SOGA, you should not go back to the old case-law.

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The three sources regulating sale of goods transactions

  1. SOGA

  2. The contract itself

  3. The general common law contract rules