Section 9
Section 9
Where there is an agreement to sell specific goods and subsequently the goods, without any fault on the part of the seller or buyer, perish before the risk passes to the buyer, the agreement is avoided.
The price 10.
(1)
The price in a contract of sale may be fixed by the contract, or may be left to be fixed in a manner agreed by the contract, or may be determined by the course of dealing between the parties.
(2)
Where the price is not determined as mentioned in subsection (1), the buyer must pay a reasonable price.
(3)
What is a reasonable price is a question of fact dependent on the circumstances of each particular case.
Sale of Goods
CAP. 170 11 11.
(1)
Where there is an agreement to sell goods on the terms that the price is to be fixed by the valuation of a third party, and he cannot or does not make the valuation, the agreement is avoided; but if the goods or any part of them have been delivered to and appropriated by the buyer he must pay a reasonable price for them.
(2)
Where the third party is prevented from making the valuation by the fault of the seller or buyer, the party not at fault may maintain an action for damages against the party at fault.
Conditions and warranties
Agreementto sellat valuation 12.
(1)
Unless a different intention appears from the terms
Stipulations of the contract, stipulations as to time of payment ar.enot of abouttime the essence of a contract of sale.
(2)
Whether any other stipulation as to time is or is not of the essence of the contract depends on the terms of the contract.
(3)
In a contract of sale, "month" prima facie means calendar month.