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Published byJasmine Jordan Modified over 9 years ago
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Sale of goods this act may be called the sale of goods act,1930. it extends to the whole of India except the state of jammu and kashmir. It shall come into force on the first day of july,1930. Definitions Buyer means : a person who buys or agrees to buy goods. Delivery means : voluntary transfer of possession from one person to another.
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goods means : every kind of movable property other than money and includes stock and shares. Future goods means: goods to be manufactured or produced or acquired by the seller after making of contract of sale. Price means: the money consideration for a sale of goods. Seller means a person who sells or agrees to sell goods.
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Formation of contract of sale Sale and agreement to sell A contract of sale of goods is a contract where by the seller transfer or agrees to transfer the property in goods to the buyer for a price.
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A contract of sale may be absolute or conditional. When the property of the goods is transferred from the seller to the buyer, the contract is called a sale but Where the transfer of the property in the goods is to take place at a future time the contract is called agreement to sell.
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Contract of sale how made A contract of sale is made by an offer to buy or sell goods for a price and the acceptance of such offer. If the price is $500 or more a sales contracts must be in writing to be enforceable, this rule however has four exceptions: 1- oral contracts between merchants. 2- specially manufactured goods. 3- admissions in court. 4- executed agreements.
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Subject-matter of contract Existing or future goods The goods which form the subject of a contract of sale may be either existing goods, owned or possessed by the seller or future goods.
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Goods perishing before making of contract The contract is void if the goods perished or damaged at the time when the contract was made.
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The price Ascertainment of price The price in a contract of sale may be fixed by the contract or may determine by the course of dealing between the parties.
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Sale by description When there is a contract for the sale of goods by description, there is an implied condition that the goods shall correspond with the description.
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Sale by sample A contract for sale by sample there is an implied condition that the bulk shall correspond with the sample in quality and that the buyer shall have opportunity of comparing the bulk with the sample. The goods must be ascertained before the transfer to the buyer
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The goods sent on approval or on sale or return When goods are delivered to the buyer on approval or on- sale or return,the property passes to the buyer : When he signifies his approval or acceptance to the seller. If he does not signify his approval or acceptance to the seller but retains the goods with out giving any rejection and the fixed time to return has expired
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Sale by person not the owner When the goods sale by person who is not the owner, the seller must have the consent or authority of the owner to sell.
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Performance of the contract Duties of seller and buyer: It is the duty of the seller to deliver the goods and of the buyer to accept and pay for them, in accordance with the terms of the contract of sale.
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Buyers right of examining goods: A buyer has the right to examine goods to ascertain its conformity with the contract
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Suits for breach of the contract: Where under a contract of sale the property in goods has passed to the buyer and the buyer wrongfully neglects or refuses to pay for the goods according to the terms of the contract, the seller may sue him for the price of the goods.
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Damages for non-delivery: When the seller wrongfully neglects to deliver the goods to the buyer, the buyer may sue the seller for damages for non-delivery.
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liability of buyer for neglecting or refusing delivery of goods when the seller is ready and willing to deliver the goods and requests the buyer to take delivery and the buyer does not whith in a reasonable time after such request take delivery of the goods he is liable to the seller for any loss occasioned by his neglect or refusal to take delivery and also for a reasonable charge for the care and custody of the goods
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Auction sale In the case of sale by auction: The sale is complete when the auctioneer announces its completion by the fall of the hammer or in other customary manner
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void and voidable title
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the right of ownership to goods is title. If a seller has void title as a seller of stolen goods a buyer of the goods obtains no title. any one who obtains property as a result of another's fraud, misrepresentation,mutual mistake undue influence, or duress holds only voidable title to the goods. Voidable title means title that may be voided if one of the parties elects to do so.
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this kind of title is also received when goods are bought from a minor or person who is mentally ill. Any one with voidable title to goods is able to transfer good title to others.
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