The Sale of Goods Act, 1930

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?

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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.

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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 »

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?

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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? Read More »

Define the term 'Goods' and 'Price' under the Sale of Goods Act

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

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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.”?

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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 »

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)

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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 …

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Explain the rule of ‘Caveat emptor. Discuss the circumstances under which it is not applicable.

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Or “In a contract of sale of goods the buyer has always to bear the risk”.Comment or “The seller of goods is not bound to disclose defects in the goods that he . intends to sell”. Comment.  Caveat emptor. Caveat emptor means “let the buyer beware. The doctrine of Caveat emptor means that in every …

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What is an Auction Sale? Explain the rules regarding Auction Sales?

What is an Auction Sale? Explain the rules regarding Auction Sales?

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Auction Sale In an auction sale, the auctioneer invites bids from prospective buyersand the sale is made to the highest bidder. The auctioneer could be the seller himself or hisagent. Advance notice of auction is advertised by the auctioneer to invite buyersto inform them. out the time and place of the auction. An invitation to …

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Distinguish between condition and warranty. Discuss the implied oy conditions and warranties in a contract of sale of goods

Distinguish between condition and warranty. Discuss the implied oy conditions and warranties in a contract of sale of goods?

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A contract contains some stipulations or terms. Some stipulations may be essential to the contract while some may be collateral or incidental to the contract. A stipulation essential to the contract is called a ‘condition. That which is collateral or incidental to the contract is called a ‘warranty. Section 12 of the Sale of Goods …

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Define the term "Delivery of Goods". State the different modes of effective delivery of goods ?

Define the term “Delivery of Goods”. State the different modes of effective delivery of goods ?

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Delivery means voluntary transfer of possession of goods from one person to another.Delivery of goods sold may be made by doing anything which the parties agree shall betreated as delivery or which has the effect of putting the goods in the possession of thebuyer or his agent. (Section 33, Sale of Goods Act,1930) Delivery of …

Define the term “Delivery of Goods”. State the different modes of effective delivery of goods ? Read More »