When is it yours? - Page 10/10

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Subject: When is it yours?

badapple 7.10.20 - 10:32am
2 of mrs T's mates live in a penthouse, its a beautiful place with a view of st pauls cathedral. They had to hire a crane and get the road blocked off for a few hours to get their furniture in, just getting the road blocked off cost an arm and a leg, add in the crane and they didnt get much change out of 20,000 and the movers only had 3 hours tops to get everything in. * +

sisfreak2017 8.10.20 - 05:56pm
Tomorrow * +

speedracer22 8.10.20 - 06:25pm

@ ogdenz - 5.10.20 - 07:03pm
I believe the couch was mine at that point but they wouldn't let me keep it. They insisted I need to go to the furniture shop and get a refund. So in your opinion did they walk away with my property or not? I know if they had left it me and a couple of mates could have got it into the house.

Hey.

I don't want to bore you with legal jargons; but in the future, be a little familiar with the statutory act titled; Consumers rights act 2015. It's specifically designed to protect consumers like you from businesses, and more importantly it lays out clear guideline when property and risk passes, and what you are entitled to expect from the goods etc.

Check out s.16, s.17 specifically. It will answer your question.

But to cut a long story short, it depends on the contractual provision; when does the owner want the risk to pass with the property? Is it upon the simple transaction made at the shop? Is it when goods are delivered to your home?

Only you and your seller can answer that. * +

kimjongl 8.10.20 - 06:29pm

@ mikeymk - 7.10.20 - 01:28am
I just think there's a legit reason they can't;
A) Leave it outside
B) Damage your property trying to force it in

I just don't see the issue. Prob happens daily.

Limitation of liability, standard procedure. They've probably had negative experiences with leaving the goods outside or forcing it in and causing damage. Better to avoid the headache and lose an individual sale versus any possible individual litigation eating away at the margins of many sales. *

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