Research Paper on:
Contract and Agency Law; Case Study

Unformatted Sample Text from the Research Paper:
a period of time. Several issues have arisen, one batch of overalls have been destroyed in a fire on the way the factory. Coverall are complaining that those which have  been delivered are not suitable to the specific purpose for which they were bought and are causing dermatitis, and the agent who made the sale and has had his  contract terminated has not been paid his commission on the sale. We will look at these different issues individually. The first issue is the sixth delivery of overalls which  were destroyed on the way from Allied to Coverall when the lorry caught fire. The company do not want to pay for this consignment. This may be linked with the  next issue as Coverall seeing the goods as unsuitable and wanting to end the contract, but we can also look at this separately.  Here we need to look at re perit domino, the general principle of risk. When the Sale of Goods Act (SOGA)was drafted it appears the approach taken was to  associate risk with property and not delivery (Goode, 2000). Therefore, when looking at this we need to ascertain if the title had  passed when the goods were destroyed, if title had passed to the buyer then the risk has also passed, if title has not passed then the risk will remain with  the seller (Card et al, 1998). This may be an aspect of law that is criticised, under Roman Law title would not pass until delivery was made or even later  (De Zulueta, 1945). In looking at section 20 of the SOGA and the position under Roman law there is not as greater divergence as expected, in fact under Roman