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Sales Of Goods Act azaan
 

Sales Of Goods Act azaan

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    Sales Of Goods Act azaan Sales Of Goods Act azaan Presentation Transcript

    • THE SALES OF GOODS ACT 1930 Presented By Azaan Afsar
    • Contents Distinction Between Sale &  Express Condition & Warranties Agreement To sell  Doctrine of Caveat Emptor & Exception Goods & Kinds Of Goods  Transfer Of Property  Transfer Of Title Condition Or Warranties  Meaning, Rules & types Delivery Of Difference Between Condition and Goods Warranties  Unpaid Seller & Rights Of An Unpaid Types Of Condition & Warranties Seller Implied Condition & Warranties.  Buyer’s Right Against Seller  Meaning & Rules of Auction Sale
    • What does „CONTRACT OF SALE‟ Include Agreement to sell Sale i.e. where the transfer of i.e. where the ownership of ownership in goods is to goods is transferred takeplace at a future time or subject to fulfilment of some condition.When does Agreement to Sell become SaleAn agreement to sell becomes a sale when the time elapses or the conditionsare fulfilled subject to which the ownership in the goods, is to be transferred.
    • Meaning :- Goods means every kind of movable property other than actionable claims and money; andincludes stock and shares, growing crops, grass and things attached and forming part of lands which areagreed to be served before sale or under the contract of sale. Contingent Unascertained Existing Goods Goods Goods Future Goods Specific Goods These are the These are future Ascertained These are the Types goods which are in existence Goods to be manufactured kinds of goods which is Goods which are identified & Goods goods which are not of and are physically or produced or acquired by the contingent upon the agreed upon at the time when a These are identified after specifically identified or goods present in the seller’s seller after the making of the happening or non- happening contract of sale is made. the formation of the contract. agreed upon at the time of the contract of sale. contract of sale. possession. of an uncertain event.
    • Condition & WarrantiesCondition WarrantiesIt is a stipulation It is a stipulation collateral to main purpose of theessential to main contract, the breach ofpurpose of the which gives rise to claim forcontract, the breach of damages but not the rightwhich gives right to the to reject the goods andrepudiate the contract treat contract asand to claim damages. repudiated.
    • Difference between condition & warrantyCondition Warranty1. A condition is essential to the 1. It is only collateral to main main purpose of the contract. purpose of contract.2. The aggrieved party can 2. The aggrieved party can claim repudiate the contract or claim only the damages in case of damages or both in case of breach of warranty. breach of condition. 3. A breach of warranty cannot be3. A breach of condition may be treated as breach of condition. treated as breach of warranty.
    • Types of condition & Warranties Implied Conditions:- In the absence of contract there is Implied warranties :- As per to the contact of sale an implied condition on the part of seller that : these are the warranties :1.Conditions as to title{Sec.14(a)}. 1.Warranty as to quiet possession{Sec.14(b)}.2.Condition in case of sale by description{Sec.15}. 2.Warranty of freedom from3.Condition in case of sale by sample{Sec.17}. encumbrances{Sec.14(c)}.4.Condition in case of sale by discription & sample. 3.Warranty as to quality or fitness by usage of5.Condition as to quality or fitness.{Sec.16(a)} trade{Sec.16(3)}.7.Condition as to wholesomeness. 4.Warranty to disclose the dangerous nature nature of goods.Express Condition & Warranties :- These are those which the parties agree expressly i.e. orally or inwritten.Example :- Cash to be paid on delivery of goods, Cash & carry, etc.
    • DOCTORINE OF CAVEAT EMPTOR► The doctrine of „Caveat Emptor‟, i.e., let the buyer beware,means that the buyer while purchasing goods must act with a “third eye & ear”.i.e. :-► He should be careful to see that the goods purchased will serve his purpose well.► If the buyer is not careful & he finds later on that the goods do not server his purpose, he cannot hold the seller liable for it.► The seller is under no obligation to tell the defects of his articles.Exceptions to this doctrine :- 3. Mechantable quality1. Implied conditions as to quality 4. Usage or custom of trade.or fitness. 5. Consent by fraud.2. Sale of goods by description.
    • ► Goods must be ascertained► Specific goods in a deliverable state► Specific goods to be put in a deliverable state► Specific goods in a deliverable state when the seller has to do anything thereto in order to ascertain price► Sale of unascertained goods and appropriation► Goods sent on approval or “ on sale or return”► Reservation of right of disposal► Risk prima facie passes with the property
    • Transfer Of Title► The general rule “ no one can give that which one has not got”► Sale by person not the owner – “effect of estoppel”► Sale by mercantile agent► Sale by one of joint owners► Sale by person in possession under voidable contract► Seller in possession after sale► Buyer in possession after sale► Sale by an unpaid seller
    • DELIVERY OF GOODSDelivery means a voluntary transfer of possession of goods fromone person to another- Sec[2] Types Of DeliveryActual Delivery :- It takes Constructive Delivery :- It Symbolic Delivery :- Whenplace when the goods takes place when the the goods are bulky &change hands physically. goods do not change incapable of actual hands physically. delivery.
    • Unpaid Seller & His RightsThe seller of goods is deemed to The unpaid seller has following rights: be unpaid (Sec. 45-1) :- When whole of the price has  Rights against the goods. not been paid of tendered. • Rights of lien • Right of stoppage of goods in transit When the bill of exchange or • Right of rescale negotiable instrument has been received as a condition of  Rights against buyer personally payment and the condition on • Suit for price which it was received has not • Suit for damages for non-acceptance • Suit for special damages and interest been fulfilled by the reason on dishonor of the instrument or otherwise.
    • ►Suit for damages for non-delivery of the goods {Sec. 57}►Suit for specific performance {Sec. 58}►Suit for breach of warranty {Sec. 59}►Suit for repudiation of contract before the date of contract{Sec. 59}►Right to claim interest.
    • MEANING & RULES OF AUCTION SALE Meaning :-  Rules Of Auction Sale :- • BidA sale by auction is apublic sale where different • Acceptanceintending buyers try to • An auction sale is complete whenoutbid each other. The the bid has been accepted.As suchgoods are ultimately sold if the goods are damaged before the completion of sale, the loss will fallto the highest bidder. The on the seller.auctioneer who sells the • Where goods are put up for sale ingoods by the auction is an lots, each lot is prima facie deemedagent of the seller, i.e. the to be subject of a separate contractowner. of sale.