The Transfer of Property or Goods

Transfer of Property or Goods is very crucial especially at the precise moment at which the property or goods passes from the seller to the buyer. Rules regarding transfer of property may be considered from two dimensions. these are the Transfer of Property or Goods that are specific or certain and Transfer of Property or Goods that are uncertain Business Training in Kenya has more articles.
The Transfer of Property or Goods is very crucial especially the precise moment at which property or goods passes from the seller to the buyer. Rules regarding the transfer of property or goods may be considered from two dimensions.
Specific or certain
· Ascertain.

Specific or Certain Transfer of Property or Goods
Transfer of Property or Goods that are specific or certain is when the parties to the contract determine when property is transferred be it at the time of making the contract or at delivery. In the absence of such express terms the following rules will apply.
· When properties are in a deliverable state the transfer of property or goods is transferred at the time of contracting regardless of when the price is to be paid or delivery is to be made.
· When the goods have to be put in a deliverable state in which case the buyer must be notified when the goods are in that state.
· When goods have to be measured at a certain price in which case the buyer must be notified once the goods have been ascertained.
When the goods are delivered, upon approval the property is passed when either the buyer signifies his approval or acceptance or he retains the goods without giving notice of rejection beyond a time fixed for the return of goods.

Transfer of Property or Goods that are Uncertain
Transfer of Property or Goods that are uncertain will only take place after ascertainment of or after the goods have been put in a deliverable state.
· It is also uncertain when an unauthorized sale has been made by a non mercantile agent. As a rule a mercantile agent having authority to sell goods conveys a good title to the buyer.
· It is also uncertain when there is transfer of title by estopell. This principle of estopell holds that it is unfair and unjust to allow a party to depart from a particular state of affairs which he has led another person to believe to be true
· It is also uncertain when there is a sale by a person in possession under a voidable contract. If the goods are sold before the contract is rescinded the buyer obtains the title as long as he is acting in good faith and has no prior knowledge of the defect in title.
· Sale by seller after sale. The seller has sold the goods again after selling it. As long as there is no knowledge of previous sale then the buyer will obtain a good title.
· The sale by a buyer in possession after agreement to buy is also termed as uncertain. This is as long as it's done in good faith and there is no prior knowledge of lien. The buyer then obtains good title.
· It is also uncertain when there is a resale by an unpaid seller. If he has waited for a reasonable time then the seller can sell to another person
Conclusion on Transfer of Property or Goods
Transfer of Property or Goods is very crucial. One should be able to understand the difference between Transfer of Property or Goods that are specific or certain and Transfer of Property or Goods that are uncertain.