contract-law england-and-wales property sale-of-goods
What does &quot;appropriated to the contract&quot; mean in the Sale of Goods Act 1979, s 18, Rule 5?
<p>Here, the verb <em><strong>appropriate</strong></em> is followed by TO. What does it mean that someone <em><strong>appropriates</strong></em> &quot;goods of that description and in a deliverable state&quot; TO THE CONTRACT? At large, what does it mean that a person <em><strong>appropriates</strong></em> goods TO THE CONTRACT?  This syntax feels bizarre.</p>
<p>Which definition of <a href="http://www.oed.com/view/Entry/9871" rel="nofollow noreferrer"><em><strong>appropriate</strong></em></a> applies here? I know many legal terms are still in Latin. Is the Latinate meaning of <a href="https://www.etymonline.com/search?q=appropriate" rel="nofollow noreferrer">appropriate</a> relevant at all?</p>
<p>Googling links to <a href="https://forum.wordreference.com/threads/goods-being-appropriated-to-the-contract.3285397/" rel="nofollow noreferrer">this wordreference.com thread</a>. <a href="https://www.legislation.gov.uk/ukpga/1979/54/section/18" rel="nofollow noreferrer">Sale of Goods Act 1979</a></p>
<blockquote>
<h5>Rule 5.</h5>
<p>(1) Where there is a contract for the sale of unascertained or future goods by description, and goods of that description and in a deliverable state are unconditionally <em><strong>appropriated</strong></em> to the contract, either by the seller with the assent of the buyer or by the buyer with the assent of the seller, the property in the goods then passes to the buyer; and the assent may be express or implied, and may be given either before or after the appropriation is made.</p>
</blockquote>

<p>A popular word meaning the same would be <strong>assigned</strong>.</p>
<p>See for instance <a href="https://www.merriam-webster.com/dictionary/appropriate" rel="nofollow noreferrer">Merriam-Webster entry 2</a> definition 2: &quot;to set apart for or assign to a particular purpose or use&quot;.</p>
<p>As an example, if you go into a pub and ask for a pint of beer and the barman says &quot;certainly sir&quot;, at that point there is a contract of sale but you are not the owner of any part of the beer in the barrel. But when the barman fills a glass for you at that point the beer is appropriated to the contract of sale and becomes your property. The beer has been appropriated to the contract by the seller with the assent of the buyer.</p>
<p>On the other hand if the barman says &quot;certainly sir but I am a bit busy right now so would you mind coming round this side of the bar and filling a glass from the barrel yourself&quot; that means that the beer has been appropriated to the contract by the buyer with the assent of the seller.</p>

<p>The standard reference for legal terms is Black's Law Dictionary; the 1910 edition is in the public domain in the US and is <a href="https://archive.org/details/BlacksLaw2dEd" rel="nofollow noreferrer">available for download on Internet Archive</a>.  You may wish to consult it for future questions of this kind.</p>
<p>On page 80, we have definition 2 of <em>appropriate</em>:</p>
<blockquote>
<p>To prescribe a particular use for particular moneys; <strong>to designate or destine</strong> a fund <strong>or property for a distinct use, or for the payment of a particular demand.</strong></p>
</blockquote>
<p>So it means that the goods are <em>designated or destined</em> to the contract, i.e. that they have been designated to be given to the buyer in fulfillment of the contract.</p>
