introduction of sales of goods

1. www.sanjivanimba.org.in
Presented By
Dr. Niraj C. Chaudahri
Assistant Professor,
BE(E &Tc), MBA (Operation & Supply Chain
Management , Material Management & Marketing
Management ) PhD ( Operation Management )
1
Sanjivani College of Engineering, Kopargaon
Department of MBA
www.sanjivanimba.org.in
111 ( Legal & Business Environment )
Contract of sale & Agreement to Sell

2. www.sanjivanimba.org.in
Contract of sale & Agreement to Sell
Contract of sales under section 4 (1)
Agreement to sell section 4 (3)

3. www.sanjivanimba.org.in
Contract of sale & Agreement to Sell
• Nature of contract
• Transfer of ownership of property
• Type of goods or nature of property transfer
• General & Particular Property
• Consequences of breach

4. www.sanjivanimba.org.in
Contract of sale & Agreement to Sell
• Risk of loss
• Sellers rights of reselling the goods
• Sellers insolvency
• Buyers insolvency

5. www.sanjivanimba.org.in
Sale & Hire-Purchase Agreement
• Nature of contract & ownership
• Termination of contract
• Implied conditions & warranties
• Payment in installment
• Insolvency of the buyer and risk of loss

6. www.sanjivanimba.org.in
Sale & Bailment and Barter Exchange
• Sale & Bailment
• Sale & Barter Exchange

7. www.sanjivanimba.org.in
Conditions & Warranties, Section 12
• A contract of sale may consist of a number of
stipulations. All such stipulations may not be
equal importance. Some of them may be so
important that non-performance of such
stipulations may amount to breach of
contract. Such stipulations are called
conditions. There are certain stipulations
which are not vital importance they are
called warranties.

8. www.sanjivanimba.org.in
When a condition is treated as warranty ,section 13
• Voluntary waiver of Conditions, Section 13(1)
• Acceptance of goods by buyer ,Section 13 (2)

9. www.sanjivanimba.org.in
Difference Between Condition & Warranty
• Purpose
• Difference as breach
• Difference as treatment
• Essence of contract of sale
• Damage

10. www.sanjivanimba.org.in
Implied condition in a contract of sale
• Condition as to title, Section 14 (a)
• Condition as to sale by description as well as
sample , Section 15
• Condition as to quality or fitness ,Section
16(1)
• Condition of merchantability ,Section 16 (2)
• Condition implied by custom, Section 16(3)
• Condition as to sale by sample, Section 17

11. www.sanjivanimba.org.in
Implied warranties in a contract of sale
• Implied warranty of quite possession, section
14(b)
• Implied warranty of freedom from
encumbrance ,Section 14 (c)
• Implied warranty as to quality or fitness by
usage of trade ,section 16(3)
• Inclusion of express condition and
warrenties,section16 (4)