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Difference between Sale and Agreement to Sell

Contract:

It is an agreement made between two or more parties which the law will
enforce.

According to [Sec 2(h)] of Indian Contract Act 1872 defines

“A contract is an agreement enforceable by law”.

According to Salmond

“A contract is an agreement creating and defining obligation between
the parties.”

Difference between Sale and Agreement to Sell

   1. Transfer of property

   Sale : The property of goods passes from the seller to the buyer
   immediately. So the seller is no more owner of the goods sold.

   In an Agreement to Sell : The transfer of property of the goods is to take
   place at a future time or subject to certain conditions to be fulfilled.

   2. Type of goods

   Sale : A sale can only be in case of existing and specific goods only.

   In an Agreement to Sell : An agreement to sell is mostly in case of future
   and contingent goods ( associated or dependent ). Although it may refer
   to uncertain existing goods.

   3. Risk of loss

    Sale : In a sale if the goods are destroyed , the loss falls on the buyer
   even though the goods are in the posssession of the seller.

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Diffrnce btwn sale n agrmnt to sell

  • 1. Difference between Sale and Agreement to Sell Contract: It is an agreement made between two or more parties which the law will enforce. According to [Sec 2(h)] of Indian Contract Act 1872 defines “A contract is an agreement enforceable by law”. According to Salmond “A contract is an agreement creating and defining obligation between the parties.” Difference between Sale and Agreement to Sell 1. Transfer of property Sale : The property of goods passes from the seller to the buyer immediately. So the seller is no more owner of the goods sold. In an Agreement to Sell : The transfer of property of the goods is to take place at a future time or subject to certain conditions to be fulfilled. 2. Type of goods Sale : A sale can only be in case of existing and specific goods only. In an Agreement to Sell : An agreement to sell is mostly in case of future and contingent goods ( associated or dependent ). Although it may refer to uncertain existing goods. 3. Risk of loss Sale : In a sale if the goods are destroyed , the loss falls on the buyer even though the goods are in the posssession of the seller.