5. In this case the sale was through description of a product, and according to the Sale of Goods Act 1908, section 15 says that the sale is by description only then there is an implied condition of the good corresponding with the description (Legislation.govt.nz, section 15, 2014). Hence in this case since the product delivered does not correspond with the description provided, the buyer is safe and the seller cannot sue the owner for any breach as the breach has been from the seller’s side.
6. A. The risk and the ownership of the car passed to the buyer when the buyer paid full money in advance on 20th May. This is because, according to the Sale of Goods Act 1908, when there is an unconditional contract between the buyer and a seller, the property in the good passes to the buyer even if the payment or the delivery is postponed which is considered to be immaterial (Legislation.govt.nz, section 20 rule 1, 2014).
B. The buyer in this case can claim for the car payment made, because in the Sale of Goods Act 1908, section 20 rule 2 says that, when the contract is made for a specific good and when the seller is bound to do something to make the good into a deliverable state, the risk does not pass until the delivery is done (Legislation.govt.nz, section 20 rule 2, 2014). Thus the buyer can claim the car payment made as the car was not delivered even though the payment was made earlier.