Sale of good acts

1. Sale of Goods Act Basics
S. M. Hayat Mahmud
Lecturer
Law Discipline
Khulna University

2. Topic
Definition
sale and agreement to sell,
Elements,
Hire- purchase,
The Doctrine of Caveat Emptor.

3. Definition
Section 2(1) buyer :
"buyer" means a person who buys or agrees to buy
goods;
Section 2(13) Seller:
"seller" means a person who sells or agrees to sell
goods;

4. Section 2(7): Goods
(7) "goods" means every kind of moveable property
other than actionable claims and money; and
includes electricity, water, gas, stock and shares,
growing crops, grass, and things attached to or
forming part of the land which are agreed to be
severed before sale or under the contract of sale;

5. An actionable claim means a debt or a claim for
money which a person may have against another
and which he may recover by suit.
Money means legal tender money.

6. Classification
Goods may be classified into three types:
A) Existing goods
B) Future goods
C) Contingent goods

7. sale
 The property in the goods transferred from the seller to the
buyer the contract is called a sale.
 Price may be payable at a letter date or delivery is to be given
in the future.
 Provided the ownership of the goods is transferred from the
seller to the buyer.

8. agreement to sell
 When the transfer of ownership is to take place at a future
time or subject to some condition to be fulfilled later; the
contract is called an agreement to sell.
When an agreement to sale becomes a sale?

9. Different between sale and agreement to
sale:
Transfer of Ownership
Transfer of Risk
Remedial measures
Nature of Contract

10. Essential Elements
Moveable goods
Moveable goods for money
Two parties
Formation of the contract of sale
Method of forming the contract
The terms of contract
Other essential elements

11. Hire- purchase
 A hire-purchase agreement is one under which a person takes delivery of goods
promising to pay the price by a certain number of installments, and until full
payment is made, to pay hire charges for using the goods.
 So hire purchase is :
 A bailment plus
 An agreement to sell.
Scenario of Bangladesh

12.  Difference between Hire- purchase and installment Sale
 Hire purchase from Singer BD
 https://www.singerbd.com/singer-service/singer-service-hire-purchase.html

13. The Doctrine of Caveat Emptor
 Caveat Emptor
 Latin for "let the buyer beware." A doctrine that often places on buyers the burden
to reasonably examine property before purchase and take responsibility for its
condition. Especially applicable to items that are not covered under a strict
warranty.
 If he makes a bad choice he can not blame the seller or recover damages from
him.

14. Exceptions
 Where the buyer relies upon the and judgement of the seller.
 Where by custom an implied condition of fitness is annexed to a contract of sale.
 Sale of good by description , there is an implied condition that the goods are fit for
sale.
 Where the seller is guilty of fraud.

15. Any Question?

16. Thank You