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(b) But even if the contract remains a “contract of sale”, a claim for the price may be maintained – via Section 49(2) of the Act - as payment being required a fixed period after delivery (on credit terms) was considered in the “Res Cogitans” (albeit obiter) as a price “payable on a day certain irrespective of delivery”.
 
3. The “Res Cogitans” indicates that the Court hearing appeals on points of law from an arbitration award may determine facts not determined by the Tribunal, if those facts are necessary to decide the points of law before the Court. See paragraph 49 of the judgment.

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