Goods: its concept and meaning under the contract of sale / Azizah Othman

GOOD AS SUBJECT MATTER OF CONTRACT AF SALES - he concept of "progeny as oggossed to phxsical possession
Asmould be seen earlier, Section 4 of 3060 (Malay States) 1957, defines contract of sale as follows: "a contract whereby a seller transfers or agrees to transfer the property in goods (emphasis addefl) to the buyer for a price. There may be a contract of sale between one part—owner and another". From the above definition, what is primary in the contract of sale in the transfer of ownership and not; mere physical possession of the goods. Thus under the contract of sale ownership is important and not just physical existance of the goods. By physical existence, is meant that the goods as subject matter under the contract of sale must be existing for example in a custody, control or possession. Section 6 (I) of SOGO (Malay States) I957, provides that there "must be existing goods, owned or possessed by seller or goods to be manufactured. “Therefore it is clearly shown that, there musr be a physical existence of the good itself. But as stated earlier by having the physical existence, it does not mean that one can have the title or the ownership of the goods.