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DIFFERENTIAL ANALYSIS CONTRACT OF SALE AND

AGREEMENT TO SALE
Comparison Chart

BASIS FOR CONTRACT OF AGREEMENT TO


COMPARISON SALE SELL

Meaning When in a contract of When in a contract of sale, the


sale, the exchange of parties to contract agree to
goods for money exchange the goods for a price
consideration takes place at a future specified date is
immediately, it is known known as an Agreement to
as Sale. Sell.

Nature Absolute Conditional

Type of Contract Executed Contract Executory Contract

Transfer of risk Yes No

Title In sale, the title of goods In an agreement to sell, the


transfers to the buyer title of goods remains with
with the transfer of the seller as there is no
goods. transfer of goods.

Right to sell Buyer Seller

Consequences of Responsibility of buyer Responsibility of seller


subsequent loss or
damage to the goods

Tax VAT is charged at the No tax is levied.


time of sale.
BASIS FOR CONTRACT OF AGREEMENT TO
COMPARISON SALE SELL

Suit for breach of The buyer can claim Here the buyer has the right
contract by the seller damages from the seller to claim damages only.
and proprietary remedy
from the party to whom
the goods are sold.

Right of unpaid Right to sue for the price. Right to sue for damages.
seller

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