"Appropriation" in the law of contract and sale of goods refers to a situation where a buyer or supplier performs an act to show that he/she has specifically selected/identified the contract goods with the intention of using them in performance of the contract.
Appropriation is usually done by a seller but can be done by a buyer as well.
Examples:
Appropriation by seller/supplier
A seller agrees to supply a client with a bag dress that she is yet to tailor and after tailoring some dresses, she dispatches one of them to
the client, that particular dress has been appropriated to the contract by the seller.
A buyer and seller enter into a contract for the supply of 200 bags out of 1,000 bags of rice in the sellers possession. The seller then marks 200 bags with the buyer's name, or shows the buyer which 200 bags will be his or sends 200 bags of rice to the buyer then there has been appropriation of 200 bags of maize to the contract.
Appropriation by buyer
- A seller agrees to deliver 10 rabbits to a buyer and the buyer sends the seller a crate for the purpose of transporting the rabbits, then the rabbits have been appropriated to the contract.
Note:
- There must exist a common intention/mutual consent of both the buyer and the seller for appropriation to suffice.
- The effect of appropriation is that risk and property in the goods pass to the buyer.
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**"Appropriation"** in the law of contract and sale of goods refers to a situation where a buyer or supplier performs an act to show that he/she has specifically selected/identified the contract goods with the intention of using them in performance of the contract.
Appropriation is usually done by a seller but can be done by a buyer as well.
**Examples:**
**Appropriation by seller/supplier**
- A seller agrees to supply a client with a bag dress that she is yet to tailor and after tailoring some dresses, she dispatches one of them to
the client, that particular dress has been appropriated to the contract by the seller.
- A buyer and seller enter into a contract for the supply of 200 bags out of 1,000 bags of rice in the sellers possession. The seller then marks 200 bags with the buyer's name, or shows the buyer which 200 bags will be his or sends 200 bags of rice to the buyer then there has been appropriation of 200 bags of maize to the contract.
**Appropriation by buyer**
- A seller agrees to deliver 10 rabbits to a buyer and the buyer sends the seller a crate for the purpose of transporting the rabbits, then the rabbits have been appropriated to the contract.
**Note:**
- There must exist a common intention/mutual consent of both the buyer and the seller for appropriation to suffice.
- The effect of appropriation is that risk and property in the goods pass to the buyer.
**
edited Jul 18 '21 at 2:17 pm
