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Sale Act
Sale Act
Is a contract whereby the seller transfers or agrees to transfer the property in goods to the buyer or a price Sec. 4(1)
A
Sale is generic term and includes both a sale and an agreement to sell
Essentials
Goods Price
of a contract of sale
Two parties
Agreement to sell
To take place in future
Only for existing & Future & contingent goods specific goods Loss falls on buyer Loss falls on seller Seller can sue for price Seller can sue only for damages not for price
Seller can not resell The buyer gets a good title. except in certain Original buyer can sue for cases damages Jus in rem Seller can claim rateable dividend for the price Jus in personam Seller is not bound to part with the goods
Insolvency of seller
Entitled to recover Can claim rateable dividend the goods from the not the goods official receiver
Is a contract whereby the owner of the goods lets them on hire to another person called hirer or hire purchaser on payment of rent to be paid in instalments and upon agreement that when a certain number of such instalments is paid the property in the goods will pass to the hirer.
Sale Hire purchase agreement Ownership is transferred Only when agreed number of from the seller to the buyer as instalments is paid soon as the contract is entered The position of buyer is that Hire purchaser is of bailee of owner Buyer cannot terminate and Has an option to terminate as such is bound to pay the the contract at any stage price of the goods In the case of instalments, the amount paid by the buyer is reduced towards the price of the goods Payments are regarded as hire charges and not as payments towards the price of the goods.
Subject matter of contract of sale Goods: Every kind of movable property other than actionable claims and money and includes stocks, shares, growing crops, grass, trade marks, copy rights, patent rights, goodwill electricity, water, gas etc. [Sec 2((7)] Price: The money consideration for a sale of goods
Classification of goods:
Existing goods:- Specific unascertained goods. Future goods: Contingent goods: goods, Ascertained goods,
Conditions and Warranties A stipulation in a contract of sale with reference to goods which are subject to thereof may be condition or warranties Condition: Is a stipulation which is essential to the main purpose of the contract. Its breach gives a right to the buyer to treat the contract repudiated. Warranty: A stipulation collateral to the main purpose of contract. Its breach gives rise to a claim of damages.
DOCTRINE OF CAVET EMPTOR Means let the buyer beware. In the contract of sale the seller is under no duty to reveal unflattering truths about the goods sold. Exceptions:
Fitness for buyers purpose Sale under a patent or trade mark Merchantable quality Usage of trade Consent by fraud
Rights of unpaid seller A seller of goods is deemed to be an unpaid seller when: The whole of the price has not been paid A
bill of exchange or other negotiable instrument has been received on condition and such condition have been not fulfilled by the reason of dishonour or otherwise.