We have been looking at the basic requirements for a contract of sale and at its main effects.
We shall now turn our attention to situations where the expectations engendered in one ot the parties to the contract have been disappointed. For instance, the vendor's performance could become impossible (due to his tault or not) and either the vendor or the purchaser could be in detault with their respective performances.
These problems could emerge in all types of contracts and therefore we shall delay our discussion until we have dealt with all of them.[1496] There are two situations, however, which specifically relate to contracts of sale: the vendor might fail to make the purchaser owner of the object sold; alternatively, that object might turn out to suffer from a latent defect. In any legal system, therefore, the question arises whether the law is prepared, under these circumstances, to protect the purchaser; whether, to use the terminology of modern English law, the contract of sale implies a warranty ot title and of proper quality.
More on the topic We have been looking at the basic requirements for a contract of sale and at its main effects.:
- The relationship between contract of sale and transfer of ownership
- THE POSSIBLE OBJECTS OF A CONTRACT OF SALE
- The effects of resolutive conditions
- 1. The possible effects of illegality
- C. The Empirical Basic Norm (Hart)
- EFFECTS OF EMPIRE AT THE CENTRE: GENDER AND NATION
- The main series
- Requirements ofmora debitoris in Roman law
- The sale of non-existing objects
- ‘Quasi-contract’ is an unsatisfactory term applied to certain specific obligations which did not arise from contract or delict but were legally enforceable.
- Requirements of mora creditoris in Roman law
- The effects of immorality