By the provision of S.27 of the SOGA, it is the duty of the seller to deliver the goods and it is the duty of the buyer to accept and pay the price for the goods in accordance with the terms of their contract.
Whoever is the owner of goods would bear the risk of damages that happen to the goods while it is still his property. This is encapsulated in the maxim “res periit domino suo” which literally means “the destruction of a thing is a loss to its owner”.
This is the moment at which it would be believed by the court that the property in the goods has passed from buyer to seller. The application of the rule is different in the instance of ascertained goods and unascertained goods.
This is encapsulated in the Latin maxim: Nemo dat quod non habet. This translates to mean “you can’t give what you don’t have”. Thus, S.12 SOGA provides that before ownership can be transferred, the following have to be met:
If it is a sale, a condition that the seller has the right to sell and if it is an agreement to sell, the seller would have the right to sell at the time the property in the goods will pass 12 (1).
There must be a warranty of quiet enjoyment and non-interference; 12 (2).
A warranty that the goods are free from third party charges and encumbrances; 12 (3).
By the provision of S.1(1) of the Sales of Goods Act, a contract of sale is one whereby a seller transfers or agrees to transfer the property in goods to the buyer for a money consideration called the price. A contract of sale could be absolute or conditional; S.1 (2) SOGA.