SALE OF GOODS ACT 1930

GOODS(SEC 2(7))
EXISTING GOODS

SPECIFIC GOODS
GENERIC GOODS
FUTURE GOODS
DOCUMENT OF TITLE TO GOODS
PROPERTY (SEC 2(11))
General Property
Special Property

SALE OF GOODS ACT 1930

SALE

ESSENTIALS OF A VALID SALE

Property
Movable goods
Price
Parties
Form

AGREEMENT TO SELL

It becomes a sale when the time lapses or the

conditions are fulfilled, subject to which the
property in the goods is to be transferred.

SALE & AGREEMENT TO SALE

Nature of contract : executed and executory

Creation of right: jus-in-rem, and jus-in-personam

Passing of property

Remedies in breach of contract

Risk of loss

Insolvency: of buyer, of seller

CONDITION (SEC 12(2))

A condition is a stipulation essential to the

main purpose of the contract, breach of which
gives rise to a right, to treat the contract as
repudiated or broken.

WARRANTY (SEC 12(3)

A warranty is a stipulation collateral to the main

purpose of the contract, breach of which gives
rise to, a claim for damages but not a right to
reject the goods and treat the contract as
repudiated or broken.

IMPLIED WARRANTYS & CONDITIONS (SEC 14-17)

Warranty as to title
Sale by description
Sale by sample
Sale by sample as well as description
Warranty as to quality or fitness
Warranty as to quiet possession free from encumbrances

CAVEAT EMPTOR

Let the buyer be aware

Exceptions
Fraud
For specific purpose
Merchantable quality

SALE BY NON OWNERS

Title by estopple (sec 277)

Sale by mercantile agent

Sale by one of the several joint owners

Sale of goods by person in possession of goods under a voidable contract

Sale by seller in possession after sale (sec 30)

Sale by buyer in possession after sale

Sale by an unpaid seller

WHO IS AN UNPAID SELLER (SEC 45)

Right of lien (sec 47)

General and particular
Stoppage in transit
Right of resale
Right of withholding delivery
Other rights