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Reading List - LAW OF SALE OF GOODS
Reading List - LAW OF SALE OF GOODS
Reading List - LAW OF SALE OF GOODS
TAMALE
MAKERERE UNIVERSITY
SCHOOL OF LAW
Course description
The course deals with the law which regulates contracts in which goods are sold and bought and services
procured. The main law examined is the Sale of Goods and Supply of Services Act 2017 which lays down a
small number of essential legal rules concerned with a range of presumptions and implied terms, which aim
to reveal the commercial expectations in the most commonly established sales contracts. In the absence of
contrary agreement these terms govern a contract within the Act’s ambit.
Aims
a) To provide students with knowledge and appreciation of key issues relating to the sale of goods and
hire purchase in Ugandan Law;
b) To facilitate an appreciation of the contractual and proprietary aspects of such contracts;
c) To enable students to appreciate the differing requirements of Agreements to Sell and Contracts of
Sale of Goods;
d) To provide students with an awareness of current policy trends and developments in the law relating
to the sale of goods and hire purchase;
e) To encourage the development of students' skills in legal reasoning and analysis through study of
Acts of Parliament, case law and law reform proposals in the context of the sale of goods and hire
purchase.
Intellectual skills
a) An ability to present reasoned arguments supported by authorities;
b) A capacity to interpret and assess competing viewpoints and to use those viewpoints to formulate
arguments about law/regulation insofar as they are relevant to the sale of goods;
c) A capacity to identify and critically analyse key legal and regulatory issues in relation to the sale of
goods and hire purchase.
Practical skills
a) An ability to engage in and nurture reasoned legal arguments, by way of both oral and written
presentation.
b) An ability to produce (by a specified deadline) a concise and appropriately structured essay
addressing a key issue in relation to the regulation of sale of goods.
c) An ability to undertake independent online and library-based research.
d) An ability to produce structured rational essays with accurate citations to sources and properly
compiled bibliographies.
e) An ability to develop a persuasive argument irrespective of whether it coincides with one's beliefs.
Transferable skills
i. An ability to think logically, to assess competing principles impartially and to identify and solve
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legal and ethical problems insofar as they impact upon parties involved in the sale of goods.
ii. An ability to discuss such problems orally and to articulate relevant conclusions.
iii. An ability to think independently and to use one's initiative in developing legal ideas and research
into issues concerning the sale of goods.
iv. An ability to manage one's study-time and meet deadlines.
Course outline
The following topics are covered in the course: An introduction to the law of sale of goods and supply of
services, the Nature and Scope of contract for sale of goods and supply of services, Implied terms in a
contract, Transfer of title and property, risk and frustration, duties and remedies available to the parties.
Method of teaching/delivery
The course is taught through lecture method and student led discussions. The lecturer introduces the salient
issues in the topic and the students then undertake research on the questions and cases provided in small
groups. The students engage in group discussions prior to class and make presentations in class with the
guidance of the lecturer.
Assessment Method
Students will be required to do course work (30%) as well as the final examination (70%). The final
examination is an OPEN BOOK and the answers must appear in a booklet issued by the invigilator NOT
EXCEEDING 16 PAGES. In addition to this, during the course of lectures, students make case presentations
and also engage in group discussions.
Reading Materials
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TOPICS
TOPIC 1: INTRODUCTION
• Sale of Goods and Supply of Services Act, Sections 1, 2, and 73
• Asiimwe T, (2016), Salient Features of the Proposed Sale of Goods and Supply of Services Bill,
2015. CEPA Policy Series Papers Number 10/10 of 2016. Kampala
• Robert Lowe, Commercial Law pages 140-146
• Sealy and Hooley, Commercial Law Text, Cases and Materials
• Atiyah, P.S, Sale of Goods, pages 5-32
• Halsbury’s Laws of England 3rd Ed. Vol.34
Cases
• Bank of England v. Vagliano Brothers [1891) A.C 107 at p.145
• Re Wait [1927] 1 Ch 606 Atkin’s judgment
• Ashington Piggeries Ltd v Christopher Hill Ltd [1972] AC 441 Lord Diplock’s decision
Definition of important terms
Section 1 of the Sale of Goods and Supply of Services Act for the definition of Goods, Services and Computer
software
Money
• Moss v. Hancock [1899] 2 Q.B 111
Classification of Goods
Sections 1 and 6(1) of the Sale of Goods and Supply of Services Act
• Isaac Bishari v. Vitafoam Ltd SCCA 29 of 1992
• Re Wait [1927] 1 Ch 606 Atkin’s judgment
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Cases:
Difference between sale and agreement to sell
• Wamala Growers Cooperative Union v. Attorney General [1997] III KALR 73
• Werner v. Hume (1910) K.B
• Lloyd’s Bank Ltd v. Bundy (1974) A.C 72
Price
• Rowland v Divall [1923] 2 KB 500
• Aldridge v. Johnson (1857) 7E & Bl. 885
• G.J. Dawson (Clapham) Ltd. V. H. & G. Dutfield [1936] 2 All. E.R. 232
Mere puff
• Smith v. Land & House Property Corporation (1884) 28 Ch.D 7.
• Brown v. Raphael [1958] 2 All E.R. 79
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Conditional precedent
• Bannerman v. White (1861) 10 C.B 844
Representation
• Routledge v McKay [1954] 1 WLR 615
• Seddon v. North-Eastern Salt Co. Ltd [1905] 1 Ch. 326
• Harling v. Eddy [1951] 2 K.B 739
• Oscar Chess Ltd v. Williams [1957] 1 WLR 370
• Sale of Goods and Supply of Services Act: Sections11, 13, 14, 15, 16, 17, 18, 19, 20, 21, 59 (3) and 67
• Robert Lowe, Commercial Law, pages 168-192
• Sealy and Hooley, Commercial Law, Text, Cases and Materials, pages 370-396
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c) Warranty that Goods are free of Encumbrances (Section 13(2)(a) and (4))
• North Western Bank Ltd v. John Poynter & Son (1895) A.C 56
• Official Assignes of Madres v. Mercantile Bank of India [1938] A.C. 287
e) Implied Condition that Goods shall correspond with the description (Section 14)
• Hwan Sung Industries Ltd v. Tajdin Hussein & 2 Others Civil Appeal No. 08/2008
• Arcos v. Ronaasen [1933] AC 470
• Alibhai Panju& Sons Ltd v. Sumderji 16 EACA 72
• Livio Carli & Others v. Salem & Mohamed Ban Bashanfer & Ors [1959] E.A. 701
• PanAfrican Trading Agency v. Chande Bros (1952) EACA 141.
• Varley v. Whipp [1900]1 QB 513
• Juthalal Velji v. Gulamhusein Remtulia 16 EACA 75
• Abdulla Ali Nathoo v. WaljiHirji [1957] E.A 207
• Beale v. Taylor [1967] 1 WLR 1193
f) Implied Condition that Goods are fit for a particular purpose (Section 15(1) and (2))
• Steveson v. Rogers [1991] 1 ALL ER 613 CA
• Priest v. Last [1903] 2 K.B 148
• Frost v. Aylebury [1905] 1 K.B 608
• Bristol Tramways carriage Co v. Fiat Motors Ltd [1910] 2 K.B 831
• Doola Singh & Sons v. Uganda Foundary& Machine Works [1945] 12 EACA 33
• Wallis v. Russell (1902) 1 LR 585
• Griffiths v. Peter Conway Ltd [1939] 1 ALL ER 685
• Tehran Europe Co. Ltd v. ST Belton Tractors Ltd (1968) 2 Q.B 545
• Cammell Laird & Co. Ltd v. Manganese Bronze & Brass Co Ltd [1934] AC 402
• Ashington Piggeries Ltd v. Christopher Hill Ltd [1972] 2 A.C 441/ [1971] 1
All E.R. 847
• Norman v. Overseas Motor Transport [1959] EA 131
• Omer Saleh v. Besse& Co [1960] EA 907.
• Spencer Trading Co Ltd v. Devon (1947)1 ALLER 284.
• Sugar Corporation of Uganda Ltd v. Lawsam Chemical U Ltd [2003]2 E.A 679
• Aswan Engineering Establishment Co v. Lupdine Ltd [1988] LRC 313
• Hunter Engineering Co. Ltd v. Syncrude Canada Ltd [1989]LRC 438
• BSS Group Plc v. Makers (UK) Ltd (t/a Allied Services) [2011] EWCA Civ 809
• Trebor Bassett Holdings Ltd & Anor v. ADT Fire and security Plc [2011] EWHC 1936 (TCC)
• Goustar Enterprises Ltd v. John Kakas Oumo SCCA No. 8 of 2003
• Bakeine v YUASA Investments Ltd (HCCS 136 of 2013) [2014] UGCommC 114
g) Implied Condition that goods are of satisfactory quality (Sections 15(3), (4), (5) and (6))
• Wilson v. Rickett Cockerell [1954] 1 Q.B 598
• Brown v. Craiks[1970] 1 WLR 752
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i) Quality of materials used in a contract for the supply of services (Section 16)
• Watson v. Buckley [1940] 1 ALL ER 173
• Lynch v. Thorne [1956]1 WLR 303
• Young and Marten v Macmanus Childs ltd [1969] 1 AC 454
• Gloucestershire City Country v. Richardson (1968) 2 ALL ER 1181
• Norta Wallpapers v. Sisk and Sons (Dublin) (1977)14 BLR 49
• IBA v EMI and BICC [1980] 14 BLR 1
• Viking Grain Storage v. The White Installation Ltd. (1985) 33 BLR 103
• Orient Bank Ltd v. Gilfinn Air Conditioning (U) Ltd. (Civil Suit No. 241 of 2015)
l) Remedies for breach of condition or warranty in certain cases (Sections 20 and 21)
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• Wallis, Son & Wells Vs. Pratt and Haynes (1911) A.C. 294
• L’estrange Vs. F. Gracoub Ltd (1934)2 KB 394
• Karsales (Harrow) Ltd vs. Wallis [1956] 1 WLR 936
• Suisse Atlantique Socieity Vs. N.V Rotter Damishe (1966)2 ALL ER 61
• Photo productions Vs. Securicor (1980) A.C 827, (1980)1 ALL ER 556.
• Wallis v. Pratt [1911] AC 294
• Andrews v. Singer [1934] 1 KB 170
Passing of property
Sale of Goods and Supply of Services Act, sections 22, 23, 24 and 25
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Estoppel
i. Estoppel by Words
• Henderson v. Williams [1895]1 QB 521
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Agency
• Folkes v. King [1923] 1 K.B 282
• Lloyds Bank v. Bank of America [1988] 2 K.B 147
• Staffs Motor Guarantee v. British wagon Co [1934] ALL ER 322/ [1934]2 KB 305
• Stadium Finance Ltd v. Robbins [1962] 2 Q.B 664
• Pearson v. Rose & Young Ltd [1951] 1 K.B 275
• Lee v. Butler [1893] 2 Q.B 318
• Oppenheimer v. Fraser [1907] 1 K.B 50
• National Employers Mutual General Insurance Association Ltd v Jones [1988] LRC 492
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Note: duties under subsections a) to d) were dealt with under Part D (Implied Terms and Conditions)
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• Thomas Young & Sons Ltd v. Hobson & Partners (1949) 65 TLR 365
• Singh v Feram (1945)12 EACA 21
TOPIC 8: REMEDIES
Sale of Goods and Supply of Services Act, Section 50, 51, 52, 55, 60, 61, 62, 63, 64, 65 and 66
Robert Lowe, Commercial Law, pages 232-251
I. Real remedies
(a) Unpaid seller’s rights and powers over the goods (Sections 50 and 51)
• Omer v Besse (1960) E.A 907
• Mubarak Batesaki v Mubarak Magala C.A No. 29 of 2002
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(c) Unpaid seller’s right of stoppage in transitu (section 55, 56 and 57)
• Bethel Q. Co. v Clerk & Co. (1988) 20 Q.B.D 615
• Lyons v Hoffung (1890) 15 App. Cas 391
• Housing &Co. v Darshi 1 ZLR 272
• Mordaunt v British Oil & Cake Mills Ltd [1910] 2 K.B 502
• Booth S. Co v. Cargo freight Co. [1916]2 KB 570
• Mount Ltd v. Jay & Jay [1960]1 QB 159
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