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Authority For Sale And Privity Of Contract: The Proprietary Basis Of The Right To The Proceeds Of Sale In The Common Law, Benjamin Geva

Benjamin Geva

Upon an authorized sale of goods, the owner's ability to recover the price from the buyer can be explained either by his property in the goods or by a contractual relationship. This article deals with the right to recover the price in the context of an historical and theoretical analysis of the right to the proceeds of a sale at common law. It is suggested that property is the basis of this right, rather than a contractual nexus. Part I presents the sale of goods by an agent of an undisclosed principal as a model situation in which the right …