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Section 23: Undivided shares in goods from bulk

23.Undivided shares in goods forming part of bulk

(1)This section applies to a contract for the sale of a specified quantity of unascertained goods where the following conditions are met'

(a)the goods or any of them form part of a bulk which is identified in

(b)the buyer has paid the price for some or all of the goods which are the subject of the contract and which form part of the bulk.

(2)Where this section applies, unless the parties agree otherwise, as soon as the conditions specified in subsection (1) are met, or at such later time as the parties may agree'

(a)property in an undivided share in the bulk shall pass to the buyer; and

(b)the buyer shall become an owner in common of the bulk.

(3)Subject to subsection (4), for the purposes of this section, the undivided share of a buyer in a bulk at any time shall be such shares as the quantity of goods paid for and due to the buyer out of the bulk bears to the quantity of goods in the bulk at that time.

(4)Where the total of the undivided shares of buyers in a bulk determined under subsection (3) would, at any time exceed the whole of the bulk at that time, the undivided share in the bulk of each buyer shall be reduced proportionately so that the total of the undivided shares is equal to the whole bulk.

(5)For the purposes of this section'

(a)where a buyer has paid the price for only some of the goods due to him or her out of a bulk, any delivery to the buyer out of the bulk shall be ascribed in the first place to the goods in respect of which payment has been made; and

(b)payment of part of the price for any goods shall be treated as payment for a corresponding part of the goods.

Plain English Summary

If you buy a specific quantity of goods from a larger identified bulk and pay for some or all of them, you automatically become a co-owner of that bul...

AI-generated, for reference only.

🔍Search Tips
  • • Search by keyword: "land", "tax", "arrest"
  • • Use exact phrases: "land commission"
  • • Enter citations: 45, 45(3)(a), 45:3:a
  • • Press / to search, Esc to close

Searching within Sale of Goods and Supply of Services Act. Faster results.