1. TRANSFER OF OWNERSHIP

2. meaning TRANSFER ALL RIGHTS TO THE PROPERTY FROM SELLER TO BUYER
TRANSFER OF OWNERSHIP DIFFERENT FROM TRANSFER OF POSSESION
TRANSFER OF POSSESION NEED NOT NECESSARILY MEAN A TRANSFER OF OWNERSHIP

3. ACTION AGAINST THIRD PARTIES
ONLY OWNER HAS RIGHT OF ANY PROCEEDING AGAINST THIRD PARTY.

4. RISK FOLLOWS OWNERSHIP
AFTER OWNERSHIP, RISK ALSO TRANSFER TO THE BUYER
RULE APPLIED “RISK PRIMA FACIE’’ MEANS RISK FOLLOW OWNERSHIP WHETHER POSSESSION HAS TRANSFER OR NOT
IN CASE OF SELLER INSOLVENCY AFTER SALE BUT BEFORE DELIVERY OF GOODS, NOT RIGHT TO RETAIN TO SELLER

5. IF THE DELIVERY HAS BEEN DELAYED THROUGH FAULT , THEN RISK IS ON FAULTY PARTY
( CASE STUDY REGARDING 30 TONS OF APPLE JUICE CONTANIRE’S DELAYED DELIVERY )
DEMBY HAMILTON &CO. LTD
V/S
BARDEN

6. INSOLVENCY & SUIT FOR PRICE
INSOLVENCY MAY BE OF SELLER OR BUYER.
TO KNOW OFFICIAL RECIEVER OF GOODS.
INSOLVENCY DEPENDS ON OWNERSHIP OF GOODS.

7. RULES FOR PASSING PROPERTY
1.GOODS MUST BE ASCERTAINED
2.INTENTION OF PARTIES

8. GOODS MUST BE ASCERTAINED
SECTION 18
WHERE THERE IS A CONTRACT FOR SALE OF UNASCERTAINED GOODS, NO PROPERTY IN THE GOODS IS TRANSFERRED TO THE BUYER UNLESS & UNTILL THE GOODS ARE ASCERTAIINED

9. INTENTION OF THE PARTIES
CASE STUDY
APPLEBY V/S MYERS
CASE REGARDING SELLING OF DAMAGED MACHINERY

10. TRANSFER OF OWNERSHIP OR PASSING OF PROPERTY
A.TIME WHEN THE PROPERTY CHANGES HANDS
B.RESERVATION OF PROPERTY IN ASCERTAINED GOODS

11. A.TIME WHEN THE PROPERTY CHANGES HANDS
IN CASE OF CONTRACT, TRNSFER OF OWNERSHIP DEPENDS ON AGREEMENT IN WHICH PARTIES AGREED THAT WHEN TRANSFER TAKE PLACE.
IN ABSENCE OF AGREEMENT, TRANSFER OF OWNERSHIP WILL DEEMED TO BE AFFECTED IN A SALE CONTRACT.
TRANSFER OF OWNERSHIP DEPENDS ON TYPES OF GOODS
ASCERTAINED GOODS
UNASCERTAINED GOODS
GOODS SENT ON APPROVAL

12. 1.PASSING OF PROPERTY IN ASCERTAINED GOODS
WHEN GOODS IN DELIVERABLE STATE
WHEN GOODS NEED TO BE PUT IN DELIVERABLE STATE
WHEN SELLER HAS TO DO SOMETHING FOR ASCERTAINED THE PRICE

13. 1. PASSING OF PROPERTY AT THE TIME OF CONTRACT
DELIVERABLE STATE IS THAT STATE THAT BUYER WOULD UNDER THE CONTRACT BE BOUND TO TAKE DELIVERY OF GOODS.
PROPERTY IS TREATED AS TRANSFERRED TO THE BUYER WHEN CONTRACT IS MADE.
EVEN DELIVERY AND PRICE IS POSTPONED AT THAT TIME.

14. PASSING OF PROPERTY DELAYED BEYOND THE DATE OF THE CONTRACT
1.GOODS ARE NOT IN DELIVERABLE STATE
2.PRICE TO BE ASCERTAINED BY SOMETHING

15. GOODS NOT IN DELIVERABLE STATE
SELLER DO SOMETHING TO MAKE IN DELIVERABLE STATE
UNDERWOOD LTD.
V/S
BURGH CASTLE BRICK &CEMENT SYNDICATE

16. PRICE ASCERTAINED BY WEIGHTING
BEFORE ASCERTAINING PRICE RISK IS ON THE SELLER
ZAGURY
V/S
FURUELE