Sale of Goods Act - IV
Description: The Sale of Goods Act, 1930 | |
Number of Questions: 30 | |
Created by: | |
Tags: The Sale of Goods Act, 1930 |
In case of goods sold by sample, the goods shall correspond with the sample. otherwise
Implied condition and warranties in a contract of sale may be neglected or varied by (i) express agreement between the parties, (ii) the course of dealing between them and (iii) the custom or usages of trade.
M places an order with N to supply 1000 bales of cotton. N sent 1200 bales. In this case, (i) M is entitled to reject the whole or he may accept 1000 bales and reject the rest and (ii) if N accepts all the 1200 bales, he must pay for them at the contract price.
When the seller wrongfully neglects or neglects the merchandise to the buyer, the buyer may sure sue the seller for damages for non - delivery. The measure of damages is the differences between the contract price and the market price at the time when they ought to have been delivered.
An agreement to sell is an executory contract.
A sale is a contract which creates jus in rem which means the right of the buyer enjoy the goods against the world at large including the seller.
Prior to the sale of Goods Act, 1930, the law of sale of goods was contained in chapter VII of the Indian contract Act, 1872. Contracts for the sale of goods are subject to the general principles applicable to all contracts
When the property in goods has passed from the seller to the buyer, this means that the seller ceases to be the owner of goods and the buyer becomes the owner of the goods.
If a seller resells the goods in a sale, then the first buyer's title to goods is effected.
An auction sale id=s complete on the fall of the hammer. the property shall be sold to the highest bidder.
The consideration in a contract of sale can be partly in money and partly in goods.
Under the sale of Goods Act, 1930, the term 'goods' means every kind of movable property and this includes
A document of title to goods is one which enables its possessor to deal with the goods described in it as if he were the owner.
A right to retain the possession of goods until the payment of the price is called right of lien.
A carrier may hold goods as (a) seller's lien, (b) buyers lien, and (c) independent capacity.
If it is a term of the contract that the buyer is to pay for the goods before delivery then the seller reserves the right of disposal
In case of sale
The owner of the merchandise can take action when the goods are damaged or destroyed by the action of third parties.
CIF stands for cost, insurance and freight. The documents under CIF contract are generally delivered by the bank against (a) payment of the price & (b) against acceptance of a draft.
Section 35 of the sale of Goods Act states that apart from any express contract, the seller of goods is not bound to deliver them until the buyer applies.
Contract of sale includes both a sale and agreement to sell
In case of anticipatory breach of contract, the seller repudiates the contract before the date of delivery and the buyer may treat the contract as subsisting and wait till the date of delivery and/or treat the contract as rescinded and sue for damages for the breach.
An agreement to sell is mostly in case of future goods and contingent goods
There is an agreement to sell until the goods are ascertained
In an agreement to sell, if the buyer becomes insolvent and has not yet paid the price, the seller is not bound to part with the goods until he is paid for.
The lien can be exercised by the unpaid seller only for the price
The conditions and warranties may be in the form of
CIF contract is
When the carrier is holding goods in an independent capacity, the seller (a) has the right of stoppage in transit and (b) can exercise the right of stoppage in transit.
When the unpaid seller delivers the goods to a carrier or other bailee for the purpose of transmission to the buyer, without reserving the right of disposal of the goods, then an unpaid seller of goods loses his lien.