Commercial Law Essay Example | Topics and Well Written Essays - 2000 words - 3

Commercial Law - Essay Example In the case of ascertaining the intention of the parties, both sides should take into consideration the terms of the contract, the conduct of the parties as well as the conditions of the case. In case there are different intentions coming to play, the Sales of Goods Act provides a set of rules for ascertaining the intention of the parties as to the time at which the property in the goods is to be transferred to the buyer. The first rule indicates that there is an unconditional contract regarding the sale of definite goods in a deliverable state the property in the goods passes to the buyer upon the creation of the contract. Therefore, it considered immaterial upon the postponement of the time of payment or the time of delivery. The second rule states that provided that there is a contract for the sale of specific goods and the seller is bound to do something to the goods for the intention of transforming them into a deliverable state, the property does not pass up until the thing is done and the buyer received a notice that it has been done. The third rule, indicates that provided that there is a contract for the sale of specific goods in a deliverable state, the seller is bound to weigh, measure, evaluate or do some other act or thing with reference to the goods for the intention of ascertaining the price, the property does not pass until the act or thing is done and the buyer received the notice for its verification. In the case of the fourth rule, if the goods are delivered to the buyer on approval or on sale or return or other parallel terms the property in the goods passes to the buyer in the following situations: (b)  Ã‚  Ã‚  Ã‚  Ã‚   If he does not indicate his agreement or acceptance to the seller but retains the goods without giving notice of refusal, then, if a time has been fixed for the return of the goods, on the expiration of that time, and, if no time has been fixed, on the expiration