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Sale of Goods Act, 1930: Unit Iii
Sale of Goods Act, 1930: Unit Iii
Sale of Goods Act, 1930: Unit Iii
UNIT III
Contract of Sale
Sec 4(2)
“A Contract of Sale is a contract
whereby the seller transfers or agrees
to transfer the property in the goods to
the buyer for a price.”
Contract of sale includes agreement to
sell.
Sale Vs. Agreement to sell.
1. Transfer of property is 1. Transfer of property is
immediate at a future date.
2. Goods are existing or 2. Goods are future and
specific. contingent goods
3. Risk of loss is of the 3. Risk of loss is of the
buyer even though the seller even though the
possession of the goods possession of the goods
is with the seller. is with the buyer.
4. The buyer has a right 4. The buyer has a right
against the whole world only against the seller.
Sale Agreement to sell
5. If the buyer fails to 5. The seller can only sue
pay the price of the for damages and not for
goods the seller can the price even though
sue for the price the goods are in the
possession of the buyer.
even though the
goods are in his
possession
6. The seller has a right to
6. The seller has no
resell because
right to resell the ownership has not
goods. passed on.
Sale Agreement to sell
7. In case of insolvency of 7. In case of insolvency of
the buyer, the seller the buyer, the seller is not
must give the goods to bound to part with the
the official receiver goods
Contingent
Existing goods Future goods
goods
Points to be noted.:-
1. Where the buyer makes known to the seller the
purpose for which he needs the goods and
depends on the skill and judgment of the seller.
{
Actual delivery
Symbolic delivery
Delivery of goods may be Constructive
delivery.
Rules of delivery
1. Mode of delivery
2. Delivery and payment are concurrent .
3. Effect of part delivery is same as that of whole delivery if
it is so intended and agreed
4. Buyer to apply for delivery.
5. Place of delivery
6. Time of delivery
7. Goods in the possession of the third party.
8. Cost of delivery.
9. Delivery of a wrong quantity.
10. Installment deliveries.
11. Delivery to a carrier.
Rights and duties of the buyer.
Rights:-
Right to have delivery as per the contract.
Right to reject the goods
Right to repudiate
Right to notice of insurance.
Right to examine.
Right against the seller for breach of contract:-
1. Suit for damages
2. Suit for price
3. Suit for specific performance.
4. Suit for breach of warranty.
5. Suit for interest.
6. Repudiation of the contract before the due date.
Duties of the buyer
Duty to accept the goods and pay for
them.
Duty to apply for delivery.
Duty to demand delivery at reasonable
hour.
Duty to intimate to the seller when he
rejects the goods.
Duty to pay damages for breach.
Rights of an unpaid seller
A seller of goods will be deemed to be
an unpaid seller if :
The whole of the price has not been made.
The payment has been made by a bill of
exchange or other negotiable instrument
that has got dishonored.
Rights of an Unpaid Seller
Withholding
When the When the delivery
property property in
in goods goods has not
has passed
passed
Stoppage
in transit
Lien Re-sale
Stoppage in transit