05 June 2012
23. Sale of unascertained goods and appropriation.- (1) Where there is a contract for the sale of unascertained or future goods by description and goods of that description and in a deliverable state are unconditionally appropriated to the contract, either by the seller with the assent of the buyer or by the buyer with the assent of the seller, the property in the goods thereupon passes to the buyer. Such assent may be express or implied, and may be given either before or after the appropriation is made. (2) Delivery to carrier. Where, in pursuance of the contract, the seller delivers the goods to the buyer or to a carrier or other bailee (whether named by the buyer or not) for the Purpose of transmission to the buyer, and does not reserve the right of disposal, he is deemed to have unconditionally appropriated the goods to the contract.
meaning:(n.) The act of setting apart or assigning to a particular use or person, or of taking to one's self, in exclusion of all others; application to a special use or purpose, as of a piece of ground for a park, or of money to carry out some object. (n.) The application of payment of money by a debtor to his creditor, to one of several debts which are due from the former to the latter.
05 June 2012
23. Sale of unascertained goods and appropriation.- (1) Where there is a contract for the sale of unascertained or future goods by description and goods of that description and in a deliverable state are unconditionally appropriated to the contract, either by the seller with the assent of the buyer or by the buyer with the assent of the seller, the property in the goods thereupon passes to the buyer. Such assent may be express or implied, and may be given either before or after the appropriation is made. (2) Delivery to carrier. Where, in pursuance of the contract, the seller delivers the goods to the buyer or to a carrier or other bailee (whether named by the buyer or not) for the Purpose of transmission to the buyer, and does not reserve the right of disposal, he is deemed to have unconditionally appropriated the goods to the contract.
meaning:(n.) The act of setting apart or assigning to a particular use or person, or of taking to one's self, in exclusion of all others; application to a special use or purpose, as of a piece of ground for a park, or of money to carry out some object. (n.) The application of payment of money by a debtor to his creditor, to one of several debts which are due from the former to the latter.