Upjohn J considered what would amount to a sale. He quoted the following passage from an article which he said correctly stated the law: ‘But it is well established by judicial authority that in English law the primary meaning of the word ‘sale’ is ‘the conveyance of some article for money’. He refers to J and P. Coats v Inland Revenue Commissioners, and then says ‘that a power to sell means, in the absence of any context, a power to sell for money and that a person who exercises such a power is bound to sell for money’: see per Stirling J in Payne v The Cork Co. Ltd.’ He added: ‘There are, no doubt, to be found authorities and statutes which have extended that meaning. In Williams on The Contract of Sale of Land, it is stated on p.3: ”Sale’, in the strict and primary sense of the word, means an agreement for the conveyance of property for a price in money; but the word ‘sale’ may be used in law in a wider sense and so applied to the conveyance of land for a price consisting wholly or partly of money’s worth other than the conveyance of some other land.’ Apparently, he considered that a sale for something other than money can in a wider sense be properly described as a sale.’
Judges:
Upjohn J
Citations:
[1956] 1 Ch 125
Cited by:
Cited – VFS Financial Services Ltd v JF Plant Tyres Ltd QBD 26-Feb-2013
The defendant had acquired a vehicle in lieu of payment of a debt. The vehicle was subject to an HP agreement with the claimant, who now sought possession of it. The defendant argued that it had the protection of section 27, there having been a . .
Lists of cited by and citing cases may be incomplete.
Contract
Updated: 11 May 2022; Ref: scu.519971