The interpretation of the law relating to passing of property, risk and frustration in domestic sale of goods transactions in Tanzania mainland.
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Date
2004
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Publisher
University of Dar es Salaam
Abstract
This study is an attempt to provide a clear and straightforward interpretation of the law relating to passing of property, risk and frustration in domestic sale of goods transactions in Tanzania mainland as contained in the Sale of Goods Ordinance of 1931, Cap. 214 hereinafter referred to as "the SOGO". The following hypotheses are being proposed for the purposes of this study: (i) that the SOGO contains sufficient provisions for purposes of passing of property, risk and frustration; (ii) that unless these provisions are well interpreted and understood the technicalities inherent in them can cause great difficulties or problems to the sellers and buyers of goods. Chapter one interprets the basic definitions and concepts that are relevant to the understanding of the law of sale generally and to the law relating to passing of property, risk and frustration in particular. Chapter two interprets the law relating to passing of property, which is central to the law of sale of goods. It is observed that a contract of sale is made in order to transfer ownership from the seller to the buyer. Chapter three interprets the law relating to risk together with the related questions of frustration and impossibility of performance of contract of sale. It is observed that the rules relating to risk decide which of the parties to the contract will bear the loss should the goods be accidentally damaged or destroyed. The chapter also interprets the rules relating to frustration of contracts of sale, which are closely connected to the rules concerning passing of risk. Then the fourth chapter gives the conclusion and relevant recommendations.
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Keywords
Property law, Interpretation, Domestic sale, Tanzania
Citation
Kamanija, L. C. (2004). The interpretation of the law relating to passing of property, risk and frustration in domestic sale of goods transactions in Tanzania mainland. Masters dissertation, University of Dar es Salaam. Available at (http://41.86.178.3/internetserver3.1.2/detail.aspx?parentpriref=)