Commercial Law
The Passing of Property and the
Transfer of Title
Aims of the Lecture:
Introducing:
o the passing of property
o the transfer of risk
o the sale of goods by a non-owner
Focus in particular on certain aspects of the rules relating to the passing of property:
o The definition of specific goods and unascertained goods
o The relationship between property passing and contractual intention
o The approach of the SGA to unascertained goods
Passing of property itself isn’t complex, although it becomes a little more complicated in relation to
the rights of third parties
Fundamental Concepts
The common law originally failed to make any distinction between property in chattels and the
possession of chattels. Eventually such a distinction was drawn and the concept of ownership
developed. The following reasons being important to this shift:
Distinguish general property in chattels/goods from special property in goods/chattels;
The development of bankruptcy law (c. 16th Century);
The development of the, now well established, rule of res perit domino;
The development of equitable rights, e.g. – successive interests in goods, mortgages and
charges.
The current law then makes distinctions between the following:
Ownership;
Property (general/special);
Title; and
Possession.
1|P ag e
The Passing of Property and the
Transfer of Title
Aims of the Lecture:
Introducing:
o the passing of property
o the transfer of risk
o the sale of goods by a non-owner
Focus in particular on certain aspects of the rules relating to the passing of property:
o The definition of specific goods and unascertained goods
o The relationship between property passing and contractual intention
o The approach of the SGA to unascertained goods
Passing of property itself isn’t complex, although it becomes a little more complicated in relation to
the rights of third parties
Fundamental Concepts
The common law originally failed to make any distinction between property in chattels and the
possession of chattels. Eventually such a distinction was drawn and the concept of ownership
developed. The following reasons being important to this shift:
Distinguish general property in chattels/goods from special property in goods/chattels;
The development of bankruptcy law (c. 16th Century);
The development of the, now well established, rule of res perit domino;
The development of equitable rights, e.g. – successive interests in goods, mortgages and
charges.
The current law then makes distinctions between the following:
Ownership;
Property (general/special);
Title; and
Possession.
1|P ag e
