Report No. 61
2.38. The common notion is different.-
Though it is commonplace, it has to be emphasised that the passing of property for price is of the essence of sale, and where the property does not pass (as in consignment transfers), an essential feature of sale as known to the law and also as understood by the layman, is missing. As has been observed1, "Alike in the ordinary use of language and in its legal concept, a sale connotes the mutual assent of two parties" and, of course, the passing of property.
1. Kirkness (Inspector of Taxes) v. Rudson (John & Co. Ltd.), (1955) 2 All ER 345 (348) (HL) (Viscount Simonds.).
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