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@thecatspjs wrote:

 

I would have thought that the promise to pay does not entitle you to claim ownership of the goods - unless there is some type of payment  arrangement that forms part of the sales contract.  

 

Surely you gotta pay-up to take possession.

 

 

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NO, you don't.

If the item was unpaid for, then it is up to the seller to sue the buyer for non performance. Just because the buyer breaches a contract, this doesn't give the seller the right to do the same.

"Consideration means that a promise made to you will not necessarily be enforceable in the courts unless you can establish that you have given something for it. Suppose I promise to deliver a ton of gravel to you next week - you get your shovel and barrow ready, and I don't turn up. I probably would not be liable to you in damages, because you haven't given anything in return, and merely getting your barrow ready would not be sufficient reliance to make it enforceable. However, if at the time of making the arrangement, you said that you would pay me $10 per ton for the gravel that would be sufficient consideration. A promise to pay is sufficient to count as giving something, even though the promise is not to be put into effect for some time yet."

http://netk.net.au/Contract/04Consideration.asp