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The sale of goods in Australia
Tanner Dawes,
Managing Director,
Bytes R Us Limited (BRUS),
Bytes R Us Ltd, 42 Palazo Parade Southport Qld,
Phone 55952068
Email: [email protected]
12/11/2015
Dear Tanner Dawes,
Ref: our SID>:NJS:BSS
I am writing to you with respect to the matters that we discussed through the telephone conversation on 12th Sept 2015. This letter endeavours to offer my legal opinion on the discussed issues. This letter is in all respects meant to act as a source of advice and does not substitute alternative legal opinion that you might have concerning the herein addressed matters.
- First issue
The sale of goods in Australia is regulated by the sales of Goods Act. This spirit of this legislation is that the property in goods should be transferred from the seller to the buyer when goods are in good condition, in the agreed time, and using the reasonable or agreed delivery channel. Breaching a condition can bring to an end the offer to buy or an agreement to sell. The implicit or expressly stated in a given offer forms the understanding upon which the sustained existence of this particular offer relies on. If this agreement is no longer met, the offer can come to an end. The contract is fully completed when the offer, acceptance and consideration has been passed down between the seller and the buyer. In this state the liability of the product and its property is fully transferred to the buyer.
In regard to the issue of the JF’s computer, in order for the property and liability of the computer to transfer fully to Mr John Frist (JF) the offer and acceptance must be met. Mr John Frist (JF) made an offer to buy ASUS 3400 laptop from Robina store of BRUS, at $2400 (inc GST) provided that the computer ordered from Asus and fitted loaded with the Media Player Vers 3.8. The company accepted the offer, and Frist paid a deposit of $80. Given that the property in the computer was to take place in the future after the computer is ordered from Asus and loaded with media player this amounts to agreement to sell. John Frist is obliged by this agreement to remit the balance of the funds upon ascertaining that the computer is as ordered and is in good condition. By the time the computer was stolen, its………………..