Business Law

Why is it important to know the exact time when the property in goods passes from a seller to the buyer? Explain with examples the rules regarding the transfer of ownership of goods from seller to the buyer?

The object of the contract of sale is to transfer the ownership (property) of the goods to the buyer. Transfer of property is different from the transfer of possession of goods. Goods may still belong to seller though the possession may be with the buyer. The seller may still hold the goods, though buyer has …

Why is it important to know the exact time when the property in goods passes from a seller to the buyer? Explain with examples the rules regarding the transfer of ownership of goods from seller to the buyer? Read More »

Either, discuss briefly the cases in which a seller can give a better title to the goods than he himself has. (1988, 1997, 1993, 2002, 2004) Or, “No seller of goods can give the buyer of goods a better title to those goods than what he himself possesses.” Examine this statement and mention (1988, 1993, 2002)whether there are any exceptions to his rule.

The principle embodied in the Latin maxim “Nemo dat quod non haber means “no person can give that which he has not”. In other words, it means that only the owner of the goods can sell them. This means the title of the transferee, ie, the buyer of the goods, cannot be better than that …

Either, discuss briefly the cases in which a seller can give a better title to the goods than he himself has. (1988, 1997, 1993, 2002, 2004) Or, “No seller of goods can give the buyer of goods a better title to those goods than what he himself possesses.” Examine this statement and mention (1988, 1993, 2002)whether there are any exceptions to his rule. Read More »

All illegal Agreements are void, but all void Agreements are not illegal

All illegal Agreements are void, but all void Agreements are not illegal?

True. Void Agreement. According to Section 2(g) of the Indian Contract Act, “An agreement not enforceable by law s said to be void.” Such an agreement is without any legal effect ab initio (from the very beginning). Under the law, an agreement with, say, a minor void. Similarly, an agreement of restraint of trade or …

All illegal Agreements are void, but all void Agreements are not illegal? Read More »

How is the price fixed in a contract of sale If the price is not decided between the parties,what price the buyer has to pay?

How is the price fixed in a contract of sale If the price is not decided between the parties,
what price the buyer has to pay?

As per Section 2(10) of the Sale of Goods Act, 1930, The money consideration for a sale of goods is known as ‘price’. As per Section 9, the price may be fixedby one or the other of the following modes. It may be expressly fixed by the contract itself. It may be fixed in accordance …

How is the price fixed in a contract of sale If the price is not decided between the parties,
what price the buyer has to pay?
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Define the term 'Goods' and 'Price' under the Sale of Goods Act

Define the term ‘Goods’ and ‘Price’ under the Sale of Goods Act ?

Goods. The subject matter of the contract of sale must be ‘goods’. Section 2(7) of the Sale of Goods Actdefines goods as “every kind of moveable property other agrees to t than actionable claimmoney, and includes stock and shares, growing crops, grass, and transferred things attachedto or forming part of the land which are agreed …

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Define a contract of sale of goods. Distinguish between a 'contract of sale and anagreement to sell."?

Define a contract of sale of goods. Distinguish between a ‘contract of sale and an
agreement to sell.”?

Section 4 of the Indian Sale of Goods Act, 1930 defines the contract of sale ofgoods as, “A contract of sale of goods is a contract whereby the seller transfers or agrees totransfer the property in goods to the buyer for a price.”The term ‘contract of sale of goods is a generic term and it …

Define a contract of sale of goods. Distinguish between a ‘contract of sale and an
agreement to sell.”?
Read More »

Discuss the Position of a Finder of Lost Goods and Rights of the Finder of Lost Goods?

Position of a Finder of Lost Goods Sometimes, a person finds certain goods, belonging to some other person. In such cases, the goods do not become the property of the finder. The law imposes certain obligations on the finder of the goods. It becomes his duty to keep the goods with care and take proper …

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What is a 'Sale by sample' Explain the implied conditions inherent in a sale by sample. (1991)

What is a ‘Sale by sample’? Explain the implied conditions inherent in a sale by sample. (1991)

Sale by sample (The sale of Goods Act, 1930: Section 17). The sale is by sample where there is a term in the contract expressed or implied to that effect. It implies that the buyer has been shown a sample before the delivery of the goods. It will have agreed or guaranteed to supply the …

What is a ‘Sale by sample’? Explain the implied conditions inherent in a sale by sample. (1991) Read More »