![]() (2) Whether a stipulation in a contract of sale or lease is a condition the breach of which may give rise to a right to treat the contract as repudiated, or is a warranty the breach of which may give rise to a claim for damages but not to a right to reject the goods and treat the contract as repudiated, depends in each case on the construction of the contract. (b) elect to treat the breach of the condition as a breach of warranty, and not as a ground for treating the contract as repudiated. "warranty" means an agreement with reference to goods that are the subject of a contract of sale, but collateral to the main purpose of that contract, the breach of which gives rise to a claim for damages, but not to a right to reject the goods and treat the contract as repudiated.ġ5 (1) If a contract of sale or lease is subject to any condition to be fulfilled by the seller or lessor, the buyer or lessee may "specific goods" means goods identified and agreed on at the time a contract of sale is made "seller" means a person who sells or agrees to sell goods "sale" includes a bargain and sale as well as a sale and delivery "quality of goods" includes their state or condition "property" means the general property in goods, and not merely a special property ![]() "pledge" includes any contract pledging or giving a lien or security on goods, whether in consideration of an original advance or of any further or continuing advance or of any pecuniary liability (b) buy goods or raise money on the security of goods (a) sell goods, or consign goods for the purpose of sale, or "mercantile agent" means a mercantile agent who has, in the customary course of the agent's business as an agent, authority to "lessor" means a person who leases or agrees to lease goods to a lessee "lessee" means a person who leases or agrees to lease goods from a lessor primarily for personal, family or household purposes "lease" means a lease or an agreement to lease where the lessee is acquiring the goods that are being leased primarily for personal, family or household purposes (b) growing crops, whether or not industrial, and things attached to or forming part of the land that are agreed to be severed before sale or under the contract of sale (a) all chattels personal, other than things in action and money, and "future goods" means goods to be manufactured or acquired by the seller after the making of the contract of sale (b) any other document used in the ordinary course of business as proof of the possession or control of goods, or authorizing or purporting to authorize, either by endorsement or by delivery, the possessor of the document to transfer or receive goods represented by it (a) any bill of lading, dock warrant, warehouse keeper's certificate and warrant or order for the delivery of goods, and "delivery" means voluntary transfer of possession from one person to another "contract of sale" includes an agreement to sell as well as a sale "contract of lease" has the same meaning as "lease" "buyer" means a person who buys or agrees to buy goods "action" includes counterclaim and set off Part 6 - Actions for Breach of the ContractĮffect of transfer of documents on vendor's lien or right of stoppage in transitĮxclusion of implied terms and conditions Sale not generally rescinded by exercise of right of lien or stoppage in transit Part 5 - Rights of Unpaid Seller Against the Goods Liability of buyer for neglecting or refusing to take delivery of goods Risk if goods are delivered at distant place Payment and delivery are concurrent conditions Revesting of property in stolen goods on conviction of offender Intention of the parties as to the passing of the property in the goods ![]() Property passes according to intent of parties Implied conditions as to quality or fitness ![]() Implied undertaking as to title, and implied warranty of quiet possession Goods perishing before sale but after agreement to sell
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