SlideShare a Scribd company logo
1 of 10
Goods Act 1930
21COM2T453: Business Regulatory Framework
Dr. Neerupa Chauhan
Asst. Professor
Kristu Jayanti College, Autonomous
(Reaccredited A++ Grade by NAAC with CGPA 3.78/4)
Bengaluru – 560077, India
DEFINITION
◦ Definitions as per Section II (s.2 Of Sale of Goods Act 1930) of the Act are as
follows:
A Contract of Sale is:
• an offer to buy for a price, or
• An offer to sell good for a price, and
• the acceptance of such offer.
◦ A Contract may provide for:
• the immediate delivery of the goods, or
• immediate payment of the price, or
• the immediate delivery of the goods and payment both or
• for the delivery or payment by installments or
• that the delivery or payment or both shall be postponed.
◦ per the Section 5 sub-clause (2) - Subject to the provisions of any law
for the time being in force, a contract of sale may be made-
• in writing or
• by word of mouth, or
• partly in writing and partly by word of mouth or
• may be implied from the conduct of the parties.
SALES OF GOODS ACT - TERMS
BUYER
01
DELIVERY
02
GOODS
03
ESSENTIAL ELEMENTS
• Two parties: A contract of sale is between two parties, where one party transfers goods to
another party.
• Goods: The subject of the contract must be goods. This is usually the most important
element in a contract of sale because if the goods are not described precisely, confusion could result.
• Transfer of ownership: Ownership of the goods must be moved from the seller to the
buyer, or there should be an agreement in which the transfer of ownership is made.
◦ • Price: The buyer in the contract must pay a price for the goods.
• A sales contract is a special type of contract. In order for it to be valid, it must contain
clauses about free consent and the competency of the signing parties.
• A sale and an agreement to sell are part of a sales contract.
• No formalities. There is no particular form to define a valid contract of sale. A contract
of sale can be made simply by offering and accepting.
Formation of contract
◦ Section 4 - sales and the agreement to sell – INCLUDES BOTH
◦ The contract of sale is known as a SALE when the property in the products is
transferred from the seller to the buyer under it, thereby transferring ownership from the
seller to the buyer. A sale can also be called an executed contract of sale.
◦ A contract is referred to as an AGREEMENT TO SELL when the transfer of property in
the goods is supposed to happen at a future date or is dependent on the fulfilment of a
subsequent condition. An agreement to sell may also be called an executory contract of
sale.
◦ ABSOLUTE & CONDITIONAL CONTRACTS OF SALE
CONDITION
◦ foundation of the entire contract
◦ breach of the conditions gives the right to the aggrieved party
to treat the contract as REPUDIATED
Kinds of conditions
◦ EXPRESSED CONDITION
◦ something must be done or exist in the contract.
◦ The conditions which are imperative to the functioning of the
contract and are inserted into the contract at the will of both
the parties.
◦ IMPLIED CONDITION
◦ Implied condition as to title
◦ In every contract of sale, the basic yet essential implied conditions on the part of the
seller are that-
◦ 1. Firstly, he has the title to sell the goods.
◦ 2. Secondly, in case of an agreement to sell, he will have the right to sell the
goods at the time of performing the contract.
◦ Consequently, if the seller has no title to sell the given goods, the buyer may refuse or
reject those goods. He is also entitled to recover the full price paid by him
◦ • Implied condition as to the description
◦ Section 15 of the Act, In the contract of sale, there is an implied condition that the
goods should be in conformity with the description. The buyer has the option to either
accept or reject the goods which do not conform with the description of the good.
◦ Implied condition as to sale by sample
In the light of Section 17 of the Act, in a contract of sale by sample, there may be
following implied conditions:
◦ 1. That the actual products would correspond with the sample with
respect to the quality, size, colour
◦ 2. That the buyer gets a reasonable opportunity to compare the goods
with the sample.
◦ 3. Further, the goods are free from any defect rendering them
unmerchantable
◦ Implied condition as to Sale by sample as well as a description
◦ Referring to Section 15 of the Sale of Goods Act, 1930, in a sale by
sample as well as description, the goods supplied must be in
accordance with both the sample as well as the description
THANK YOU…..

More Related Content

Similar to uni 2 good act.pptx

THE%20SALE%20OF%20GOODS%20ACT%201930.pptx
THE%20SALE%20OF%20GOODS%20ACT%201930.pptxTHE%20SALE%20OF%20GOODS%20ACT%201930.pptx
THE%20SALE%20OF%20GOODS%20ACT%201930.pptxswadhi3
 
unit 1_ sale of goods act.ppt
unit 1_ sale of goods act.pptunit 1_ sale of goods act.ppt
unit 1_ sale of goods act.pptVidhya Aravindhan
 
Sales of goods_act,1930
Sales of goods_act,1930Sales of goods_act,1930
Sales of goods_act,1930artipradhan
 
Sale of Goods Act 3.pptxhgyyfdddgfdfdsdsfg
Sale of Goods Act 3.pptxhgyyfdddgfdfdsdsfgSale of Goods Act 3.pptxhgyyfdddgfdfdsdsfg
Sale of Goods Act 3.pptxhgyyfdddgfdfdsdsfgPujaKumari131278
 
SALES OF GOOD ACT 1930 IN INDIA
SALES OF GOOD ACT 1930 IN INDIASALES OF GOOD ACT 1930 IN INDIA
SALES OF GOOD ACT 1930 IN INDIASanjay Safiwala
 
business law.pptx
business law.pptxbusiness law.pptx
business law.pptxakash931236
 
Module 27 Legal - Sales of Goods Act 1932.pptx
Module 27 Legal -  Sales of Goods Act 1932.pptxModule 27 Legal -  Sales of Goods Act 1932.pptx
Module 27 Legal - Sales of Goods Act 1932.pptxArunSinghThakur6
 

Similar to uni 2 good act.pptx (20)

unit 2.pptx
unit 2.pptxunit 2.pptx
unit 2.pptx
 
Sale of goods Act, 1930
Sale of goods Act, 1930Sale of goods Act, 1930
Sale of goods Act, 1930
 
THE%20SALE%20OF%20GOODS%20ACT%201930.pptx
THE%20SALE%20OF%20GOODS%20ACT%201930.pptxTHE%20SALE%20OF%20GOODS%20ACT%201930.pptx
THE%20SALE%20OF%20GOODS%20ACT%201930.pptx
 
Chapter-Sale of Goods Act.pdf
Chapter-Sale of Goods Act.pdfChapter-Sale of Goods Act.pdf
Chapter-Sale of Goods Act.pdf
 
Sale of goods
Sale of goodsSale of goods
Sale of goods
 
unit 1_ sale of goods act.ppt
unit 1_ sale of goods act.pptunit 1_ sale of goods act.ppt
unit 1_ sale of goods act.ppt
 
Sales of goods_act,1930
Sales of goods_act,1930Sales of goods_act,1930
Sales of goods_act,1930
 
Blawnotes
BlawnotesBlawnotes
Blawnotes
 
Sales of goods act,1930
Sales of goods act,1930Sales of goods act,1930
Sales of goods act,1930
 
Sale of Goods Act 3.pptxhgyyfdddgfdfdsdsfg
Sale of Goods Act 3.pptxhgyyfdddgfdfdsdsfgSale of Goods Act 3.pptxhgyyfdddgfdfdsdsfg
Sale of Goods Act 3.pptxhgyyfdddgfdfdsdsfg
 
Sale of Goods Act.pptx
Sale of Goods Act.pptxSale of Goods Act.pptx
Sale of Goods Act.pptx
 
Bare Act- Sale of Goods Act, 1930
Bare Act- Sale of Goods Act, 1930Bare Act- Sale of Goods Act, 1930
Bare Act- Sale of Goods Act, 1930
 
SOGA.pptx
SOGA.pptxSOGA.pptx
SOGA.pptx
 
Business Law 3
Business Law 3Business Law 3
Business Law 3
 
Law of Sale of Goods
Law of Sale of Goods Law of Sale of Goods
Law of Sale of Goods
 
SALES OF GOOD ACT 1930 IN INDIA
SALES OF GOOD ACT 1930 IN INDIASALES OF GOOD ACT 1930 IN INDIA
SALES OF GOOD ACT 1930 IN INDIA
 
Sale of goods_act_913275503
Sale of goods_act_913275503Sale of goods_act_913275503
Sale of goods_act_913275503
 
business law.pptx
business law.pptxbusiness law.pptx
business law.pptx
 
sale of goods act
sale of goods actsale of goods act
sale of goods act
 
Module 27 Legal - Sales of Goods Act 1932.pptx
Module 27 Legal -  Sales of Goods Act 1932.pptxModule 27 Legal -  Sales of Goods Act 1932.pptx
Module 27 Legal - Sales of Goods Act 1932.pptx
 

More from Neerupa Chauhan

Consumer behaviour- business Economics.pptx
Consumer behaviour- business Economics.pptxConsumer behaviour- business Economics.pptx
Consumer behaviour- business Economics.pptxNeerupa Chauhan
 
Business Economics-Introduction-UNIT-I.pptx
Business Economics-Introduction-UNIT-I.pptxBusiness Economics-Introduction-UNIT-I.pptx
Business Economics-Introduction-UNIT-I.pptxNeerupa Chauhan
 
extract, transform, load_Data Analyt.ppt
extract, transform, load_Data Analyt.pptextract, transform, load_Data Analyt.ppt
extract, transform, load_Data Analyt.pptNeerupa Chauhan
 
Introduction to Business Analytics---PPT
Introduction to Business Analytics---PPTIntroduction to Business Analytics---PPT
Introduction to Business Analytics---PPTNeerupa Chauhan
 
elliott wave theory- Investment Management
elliott wave theory- Investment Managementelliott wave theory- Investment Management
elliott wave theory- Investment ManagementNeerupa Chauhan
 
Oscillators- Investment Management..pptx
Oscillators- Investment Management..pptxOscillators- Investment Management..pptx
Oscillators- Investment Management..pptxNeerupa Chauhan
 
Mean_Median_Mode .kjc.pptx
Mean_Median_Mode .kjc.pptxMean_Median_Mode .kjc.pptx
Mean_Median_Mode .kjc.pptxNeerupa Chauhan
 
Measures in Statistics. kjc.pptx
Measures in Statistics. kjc.pptxMeasures in Statistics. kjc.pptx
Measures in Statistics. kjc.pptxNeerupa Chauhan
 
Descriptive Statistics.kjc.ppt
Descriptive Statistics.kjc.pptDescriptive Statistics.kjc.ppt
Descriptive Statistics.kjc.pptNeerupa Chauhan
 
Measures of Variablity.kjc.ppt
Measures of Variablity.kjc.pptMeasures of Variablity.kjc.ppt
Measures of Variablity.kjc.pptNeerupa Chauhan
 

More from Neerupa Chauhan (11)

Consumer behaviour- business Economics.pptx
Consumer behaviour- business Economics.pptxConsumer behaviour- business Economics.pptx
Consumer behaviour- business Economics.pptx
 
Business Economics-Introduction-UNIT-I.pptx
Business Economics-Introduction-UNIT-I.pptxBusiness Economics-Introduction-UNIT-I.pptx
Business Economics-Introduction-UNIT-I.pptx
 
extract, transform, load_Data Analyt.ppt
extract, transform, load_Data Analyt.pptextract, transform, load_Data Analyt.ppt
extract, transform, load_Data Analyt.ppt
 
Introduction to Business Analytics---PPT
Introduction to Business Analytics---PPTIntroduction to Business Analytics---PPT
Introduction to Business Analytics---PPT
 
elliott wave theory- Investment Management
elliott wave theory- Investment Managementelliott wave theory- Investment Management
elliott wave theory- Investment Management
 
Oscillators- Investment Management..pptx
Oscillators- Investment Management..pptxOscillators- Investment Management..pptx
Oscillators- Investment Management..pptx
 
TYPE OF CHEQUES.pptx
TYPE OF CHEQUES.pptxTYPE OF CHEQUES.pptx
TYPE OF CHEQUES.pptx
 
Mean_Median_Mode .kjc.pptx
Mean_Median_Mode .kjc.pptxMean_Median_Mode .kjc.pptx
Mean_Median_Mode .kjc.pptx
 
Measures in Statistics. kjc.pptx
Measures in Statistics. kjc.pptxMeasures in Statistics. kjc.pptx
Measures in Statistics. kjc.pptx
 
Descriptive Statistics.kjc.ppt
Descriptive Statistics.kjc.pptDescriptive Statistics.kjc.ppt
Descriptive Statistics.kjc.ppt
 
Measures of Variablity.kjc.ppt
Measures of Variablity.kjc.pptMeasures of Variablity.kjc.ppt
Measures of Variablity.kjc.ppt
 

Recently uploaded

call girls in Kamla Market (DELHI) 🔝 >༒9953330565🔝 genuine Escort Service 🔝✔️✔️
call girls in Kamla Market (DELHI) 🔝 >༒9953330565🔝 genuine Escort Service 🔝✔️✔️call girls in Kamla Market (DELHI) 🔝 >༒9953330565🔝 genuine Escort Service 🔝✔️✔️
call girls in Kamla Market (DELHI) 🔝 >༒9953330565🔝 genuine Escort Service 🔝✔️✔️9953056974 Low Rate Call Girls In Saket, Delhi NCR
 
Introduction to ArtificiaI Intelligence in Higher Education
Introduction to ArtificiaI Intelligence in Higher EducationIntroduction to ArtificiaI Intelligence in Higher Education
Introduction to ArtificiaI Intelligence in Higher Educationpboyjonauth
 
Hybridoma Technology ( Production , Purification , and Application )
Hybridoma Technology  ( Production , Purification , and Application  ) Hybridoma Technology  ( Production , Purification , and Application  )
Hybridoma Technology ( Production , Purification , and Application ) Sakshi Ghasle
 
CARE OF CHILD IN INCUBATOR..........pptx
CARE OF CHILD IN INCUBATOR..........pptxCARE OF CHILD IN INCUBATOR..........pptx
CARE OF CHILD IN INCUBATOR..........pptxGaneshChakor2
 
“Oh GOSH! Reflecting on Hackteria's Collaborative Practices in a Global Do-It...
“Oh GOSH! Reflecting on Hackteria's Collaborative Practices in a Global Do-It...“Oh GOSH! Reflecting on Hackteria's Collaborative Practices in a Global Do-It...
“Oh GOSH! Reflecting on Hackteria's Collaborative Practices in a Global Do-It...Marc Dusseiller Dusjagr
 
KSHARA STURA .pptx---KSHARA KARMA THERAPY (CAUSTIC THERAPY)————IMP.OF KSHARA ...
KSHARA STURA .pptx---KSHARA KARMA THERAPY (CAUSTIC THERAPY)————IMP.OF KSHARA ...KSHARA STURA .pptx---KSHARA KARMA THERAPY (CAUSTIC THERAPY)————IMP.OF KSHARA ...
KSHARA STURA .pptx---KSHARA KARMA THERAPY (CAUSTIC THERAPY)————IMP.OF KSHARA ...M56BOOKSTORE PRODUCT/SERVICE
 
Interactive Powerpoint_How to Master effective communication
Interactive Powerpoint_How to Master effective communicationInteractive Powerpoint_How to Master effective communication
Interactive Powerpoint_How to Master effective communicationnomboosow
 
_Math 4-Q4 Week 5.pptx Steps in Collecting Data
_Math 4-Q4 Week 5.pptx Steps in Collecting Data_Math 4-Q4 Week 5.pptx Steps in Collecting Data
_Math 4-Q4 Week 5.pptx Steps in Collecting DataJhengPantaleon
 
MENTAL STATUS EXAMINATION format.docx
MENTAL     STATUS EXAMINATION format.docxMENTAL     STATUS EXAMINATION format.docx
MENTAL STATUS EXAMINATION format.docxPoojaSen20
 
Solving Puzzles Benefits Everyone (English).pptx
Solving Puzzles Benefits Everyone (English).pptxSolving Puzzles Benefits Everyone (English).pptx
Solving Puzzles Benefits Everyone (English).pptxOH TEIK BIN
 
The Most Excellent Way | 1 Corinthians 13
The Most Excellent Way | 1 Corinthians 13The Most Excellent Way | 1 Corinthians 13
The Most Excellent Way | 1 Corinthians 13Steve Thomason
 
A Critique of the Proposed National Education Policy Reform
A Critique of the Proposed National Education Policy ReformA Critique of the Proposed National Education Policy Reform
A Critique of the Proposed National Education Policy ReformChameera Dedduwage
 
Mastering the Unannounced Regulatory Inspection
Mastering the Unannounced Regulatory InspectionMastering the Unannounced Regulatory Inspection
Mastering the Unannounced Regulatory InspectionSafetyChain Software
 
Concept of Vouching. B.Com(Hons) /B.Compdf
Concept of Vouching. B.Com(Hons) /B.CompdfConcept of Vouching. B.Com(Hons) /B.Compdf
Concept of Vouching. B.Com(Hons) /B.CompdfUmakantAnnand
 
SOCIAL AND HISTORICAL CONTEXT - LFTVD.pptx
SOCIAL AND HISTORICAL CONTEXT - LFTVD.pptxSOCIAL AND HISTORICAL CONTEXT - LFTVD.pptx
SOCIAL AND HISTORICAL CONTEXT - LFTVD.pptxiammrhaywood
 
Call Girls in Dwarka Mor Delhi Contact Us 9654467111
Call Girls in Dwarka Mor Delhi Contact Us 9654467111Call Girls in Dwarka Mor Delhi Contact Us 9654467111
Call Girls in Dwarka Mor Delhi Contact Us 9654467111Sapana Sha
 
Incoming and Outgoing Shipments in 1 STEP Using Odoo 17
Incoming and Outgoing Shipments in 1 STEP Using Odoo 17Incoming and Outgoing Shipments in 1 STEP Using Odoo 17
Incoming and Outgoing Shipments in 1 STEP Using Odoo 17Celine George
 

Recently uploaded (20)

call girls in Kamla Market (DELHI) 🔝 >༒9953330565🔝 genuine Escort Service 🔝✔️✔️
call girls in Kamla Market (DELHI) 🔝 >༒9953330565🔝 genuine Escort Service 🔝✔️✔️call girls in Kamla Market (DELHI) 🔝 >༒9953330565🔝 genuine Escort Service 🔝✔️✔️
call girls in Kamla Market (DELHI) 🔝 >༒9953330565🔝 genuine Escort Service 🔝✔️✔️
 
Introduction to ArtificiaI Intelligence in Higher Education
Introduction to ArtificiaI Intelligence in Higher EducationIntroduction to ArtificiaI Intelligence in Higher Education
Introduction to ArtificiaI Intelligence in Higher Education
 
Staff of Color (SOC) Retention Efforts DDSD
Staff of Color (SOC) Retention Efforts DDSDStaff of Color (SOC) Retention Efforts DDSD
Staff of Color (SOC) Retention Efforts DDSD
 
Código Creativo y Arte de Software | Unidad 1
Código Creativo y Arte de Software | Unidad 1Código Creativo y Arte de Software | Unidad 1
Código Creativo y Arte de Software | Unidad 1
 
Hybridoma Technology ( Production , Purification , and Application )
Hybridoma Technology  ( Production , Purification , and Application  ) Hybridoma Technology  ( Production , Purification , and Application  )
Hybridoma Technology ( Production , Purification , and Application )
 
CARE OF CHILD IN INCUBATOR..........pptx
CARE OF CHILD IN INCUBATOR..........pptxCARE OF CHILD IN INCUBATOR..........pptx
CARE OF CHILD IN INCUBATOR..........pptx
 
“Oh GOSH! Reflecting on Hackteria's Collaborative Practices in a Global Do-It...
“Oh GOSH! Reflecting on Hackteria's Collaborative Practices in a Global Do-It...“Oh GOSH! Reflecting on Hackteria's Collaborative Practices in a Global Do-It...
“Oh GOSH! Reflecting on Hackteria's Collaborative Practices in a Global Do-It...
 
KSHARA STURA .pptx---KSHARA KARMA THERAPY (CAUSTIC THERAPY)————IMP.OF KSHARA ...
KSHARA STURA .pptx---KSHARA KARMA THERAPY (CAUSTIC THERAPY)————IMP.OF KSHARA ...KSHARA STURA .pptx---KSHARA KARMA THERAPY (CAUSTIC THERAPY)————IMP.OF KSHARA ...
KSHARA STURA .pptx---KSHARA KARMA THERAPY (CAUSTIC THERAPY)————IMP.OF KSHARA ...
 
Interactive Powerpoint_How to Master effective communication
Interactive Powerpoint_How to Master effective communicationInteractive Powerpoint_How to Master effective communication
Interactive Powerpoint_How to Master effective communication
 
9953330565 Low Rate Call Girls In Rohini Delhi NCR
9953330565 Low Rate Call Girls In Rohini  Delhi NCR9953330565 Low Rate Call Girls In Rohini  Delhi NCR
9953330565 Low Rate Call Girls In Rohini Delhi NCR
 
_Math 4-Q4 Week 5.pptx Steps in Collecting Data
_Math 4-Q4 Week 5.pptx Steps in Collecting Data_Math 4-Q4 Week 5.pptx Steps in Collecting Data
_Math 4-Q4 Week 5.pptx Steps in Collecting Data
 
MENTAL STATUS EXAMINATION format.docx
MENTAL     STATUS EXAMINATION format.docxMENTAL     STATUS EXAMINATION format.docx
MENTAL STATUS EXAMINATION format.docx
 
Solving Puzzles Benefits Everyone (English).pptx
Solving Puzzles Benefits Everyone (English).pptxSolving Puzzles Benefits Everyone (English).pptx
Solving Puzzles Benefits Everyone (English).pptx
 
The Most Excellent Way | 1 Corinthians 13
The Most Excellent Way | 1 Corinthians 13The Most Excellent Way | 1 Corinthians 13
The Most Excellent Way | 1 Corinthians 13
 
A Critique of the Proposed National Education Policy Reform
A Critique of the Proposed National Education Policy ReformA Critique of the Proposed National Education Policy Reform
A Critique of the Proposed National Education Policy Reform
 
Mastering the Unannounced Regulatory Inspection
Mastering the Unannounced Regulatory InspectionMastering the Unannounced Regulatory Inspection
Mastering the Unannounced Regulatory Inspection
 
Concept of Vouching. B.Com(Hons) /B.Compdf
Concept of Vouching. B.Com(Hons) /B.CompdfConcept of Vouching. B.Com(Hons) /B.Compdf
Concept of Vouching. B.Com(Hons) /B.Compdf
 
SOCIAL AND HISTORICAL CONTEXT - LFTVD.pptx
SOCIAL AND HISTORICAL CONTEXT - LFTVD.pptxSOCIAL AND HISTORICAL CONTEXT - LFTVD.pptx
SOCIAL AND HISTORICAL CONTEXT - LFTVD.pptx
 
Call Girls in Dwarka Mor Delhi Contact Us 9654467111
Call Girls in Dwarka Mor Delhi Contact Us 9654467111Call Girls in Dwarka Mor Delhi Contact Us 9654467111
Call Girls in Dwarka Mor Delhi Contact Us 9654467111
 
Incoming and Outgoing Shipments in 1 STEP Using Odoo 17
Incoming and Outgoing Shipments in 1 STEP Using Odoo 17Incoming and Outgoing Shipments in 1 STEP Using Odoo 17
Incoming and Outgoing Shipments in 1 STEP Using Odoo 17
 

uni 2 good act.pptx

  • 1. Goods Act 1930 21COM2T453: Business Regulatory Framework Dr. Neerupa Chauhan Asst. Professor Kristu Jayanti College, Autonomous (Reaccredited A++ Grade by NAAC with CGPA 3.78/4) Bengaluru – 560077, India
  • 2. DEFINITION ◦ Definitions as per Section II (s.2 Of Sale of Goods Act 1930) of the Act are as follows: A Contract of Sale is: • an offer to buy for a price, or • An offer to sell good for a price, and • the acceptance of such offer. ◦ A Contract may provide for: • the immediate delivery of the goods, or • immediate payment of the price, or • the immediate delivery of the goods and payment both or • for the delivery or payment by installments or • that the delivery or payment or both shall be postponed.
  • 3. ◦ per the Section 5 sub-clause (2) - Subject to the provisions of any law for the time being in force, a contract of sale may be made- • in writing or • by word of mouth, or • partly in writing and partly by word of mouth or • may be implied from the conduct of the parties.
  • 4. SALES OF GOODS ACT - TERMS BUYER 01 DELIVERY 02 GOODS 03
  • 5. ESSENTIAL ELEMENTS • Two parties: A contract of sale is between two parties, where one party transfers goods to another party. • Goods: The subject of the contract must be goods. This is usually the most important element in a contract of sale because if the goods are not described precisely, confusion could result. • Transfer of ownership: Ownership of the goods must be moved from the seller to the buyer, or there should be an agreement in which the transfer of ownership is made. ◦ • Price: The buyer in the contract must pay a price for the goods. • A sales contract is a special type of contract. In order for it to be valid, it must contain clauses about free consent and the competency of the signing parties. • A sale and an agreement to sell are part of a sales contract. • No formalities. There is no particular form to define a valid contract of sale. A contract of sale can be made simply by offering and accepting.
  • 6. Formation of contract ◦ Section 4 - sales and the agreement to sell – INCLUDES BOTH ◦ The contract of sale is known as a SALE when the property in the products is transferred from the seller to the buyer under it, thereby transferring ownership from the seller to the buyer. A sale can also be called an executed contract of sale. ◦ A contract is referred to as an AGREEMENT TO SELL when the transfer of property in the goods is supposed to happen at a future date or is dependent on the fulfilment of a subsequent condition. An agreement to sell may also be called an executory contract of sale. ◦ ABSOLUTE & CONDITIONAL CONTRACTS OF SALE
  • 7. CONDITION ◦ foundation of the entire contract ◦ breach of the conditions gives the right to the aggrieved party to treat the contract as REPUDIATED Kinds of conditions ◦ EXPRESSED CONDITION ◦ something must be done or exist in the contract. ◦ The conditions which are imperative to the functioning of the contract and are inserted into the contract at the will of both the parties.
  • 8. ◦ IMPLIED CONDITION ◦ Implied condition as to title ◦ In every contract of sale, the basic yet essential implied conditions on the part of the seller are that- ◦ 1. Firstly, he has the title to sell the goods. ◦ 2. Secondly, in case of an agreement to sell, he will have the right to sell the goods at the time of performing the contract. ◦ Consequently, if the seller has no title to sell the given goods, the buyer may refuse or reject those goods. He is also entitled to recover the full price paid by him ◦ • Implied condition as to the description ◦ Section 15 of the Act, In the contract of sale, there is an implied condition that the goods should be in conformity with the description. The buyer has the option to either accept or reject the goods which do not conform with the description of the good.
  • 9. ◦ Implied condition as to sale by sample In the light of Section 17 of the Act, in a contract of sale by sample, there may be following implied conditions: ◦ 1. That the actual products would correspond with the sample with respect to the quality, size, colour ◦ 2. That the buyer gets a reasonable opportunity to compare the goods with the sample. ◦ 3. Further, the goods are free from any defect rendering them unmerchantable ◦ Implied condition as to Sale by sample as well as a description ◦ Referring to Section 15 of the Sale of Goods Act, 1930, in a sale by sample as well as description, the goods supplied must be in accordance with both the sample as well as the description