The document summarizes key aspects of The Sale of Goods Act, 1930 in India. It defines a contract of sale as an agreement where the seller transfers property in goods to the buyer for a price. A contract of sale must have two parties, goods, a price, and a transfer of ownership. The document outlines conditions and warranties, exceptions to caveat emptor, transfer of ownership including by non-owners, performance of the contract by buyers and sellers, and the rights of unpaid sellers against goods and buyers.
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How to Obtain Permanent Residency in the NetherlandsBridgeWest.eu
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All eyes on Rafah: But why?. The Rafah border crossing, a crucial point between Egypt and the Gaza Strip, often finds itself at the center of global attention. As we explore the significance of Rafah, we’ll uncover why all eyes are on Rafah and the complexities surrounding this pivotal region.
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What makes Rafah so significant that it captures global attention? The phrase ‘All eyes are on Rafah’ resonates not just with those in the region but with people worldwide who recognize its strategic, humanitarian, and political importance. In this guide, we will delve into the factors that make Rafah a focal point for international interest, examining its historical context, humanitarian challenges, and political dimensions.
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WINDING UP of COMPANY, Modes of DissolutionKHURRAMWALI
Winding up, also known as liquidation, refers to the legal and financial process of dissolving a company. It involves ceasing operations, selling assets, settling debts, and ultimately removing the company from the official business registry.
Here's a breakdown of the key aspects of winding up:
Reasons for Winding Up:
Insolvency: This is the most common reason, where the company cannot pay its debts. Creditors may initiate a compulsory winding up to recover their dues.
Voluntary Closure: The owners may decide to close the company due to reasons like reaching business goals, facing losses, or merging with another company.
Deadlock: If shareholders or directors cannot agree on how to run the company, a court may order a winding up.
Types of Winding Up:
Voluntary Winding Up: This is initiated by the company's shareholders through a resolution passed by a majority vote. There are two main types:
Members' Voluntary Winding Up: The company is solvent (has enough assets to pay off its debts) and shareholders will receive any remaining assets after debts are settled.
Creditors' Voluntary Winding Up: The company is insolvent and creditors will be prioritized in receiving payment from the sale of assets.
Compulsory Winding Up: This is initiated by a court order, typically at the request of creditors, government agencies, or even by the company itself if it's insolvent.
Process of Winding Up:
Appointment of Liquidator: A qualified professional is appointed to oversee the winding-up process. They are responsible for selling assets, paying off debts, and distributing any remaining funds.
Cease Trading: The company stops its regular business operations.
Notification of Creditors: Creditors are informed about the winding up and invited to submit their claims.
Sale of Assets: The company's assets are sold to generate cash to pay off creditors.
Payment of Debts: Creditors are paid according to a set order of priority, with secured creditors receiving payment before unsecured creditors.
Distribution to Shareholders: If there are any remaining funds after all debts are settled, they are distributed to shareholders according to their ownership stake.
Dissolution: Once all claims are settled and distributions made, the company is officially dissolved and removed from the business register.
Impact of Winding Up:
Employees: Employees will likely lose their jobs during the winding-up process.
Creditors: Creditors may not recover their debts in full, especially if the company is insolvent.
Shareholders: Shareholders may not receive any payout if the company's debts exceed its assets.
Winding up is a complex legal and financial process that can have significant consequences for all parties involved. It's important to seek professional legal and financial advice when considering winding up a company.
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The committee’s focus was on ensuring the safety and security of individuals, communities, and the nation as a whole. Throughout its deliberations, the committee aimed to uphold constitutional values such as justice, dignity, and the intrinsic value of each individual. Their goal was to recommend amendments to the criminal laws that align with these values and priorities.
Subsequently, in February, the committee successfully submitted its recommendations regarding amendments to the criminal law. These recommendations are intended to serve as a foundation for enhancing the current legal framework, promoting safety and security, and upholding the constitutional principles of justice, dignity, and the inherent worth of every individual.
1. Module No. 2
The Sale of Goods Act, 1930
--------------------------------------
INTRODUCTION
DEFINITION OF CONTRACT OF SALE
ESSENTIALS OF CONTRACT OF SALE,
CONDITIONS AND WARRANTIES,
TRANSFER OF OWNERSHIP IN GOODS INCLUDING SALE BY A
NON-OWNER AND EXCEPTIONS-
PERFORMANCE OF CONTRACT OF SALE - UNPAID SELLER,
RIGHTS OF AN UNPAID SELLER AGAINST THE GOODS AND
AGAINST THE BUYER
2. Introduction & Definition of Contract of Sale
Introduction
The contract of the sale of goods is governed by The Sale of Goods Act, 1930. The Act
extends to the whole of India except the state of Jammu & Kashmir. Till 1930, all the
transactions related to the sale of goods was regulated by The Indian Contract Act, 1872. In
1930, Sections 76-123 were replaced by the Act of 1930.
The Act deals with the subject-matter of movable property. This Act does not deal with the
sale of immovable property.
Definition of Contract of Sale: Contract of the sale is an agreement between the buyer
and the seller intending to exchange property. Section 4(1) defines the contract of the sale as –
a contract of the sale of goods is a contract whereby the seller transfers or agrees to transfer
the property in goods to a buyer for a price
3. Essentials of Contract of Sale
1.Two parties
2. Goods
3. Price
4. Transfer of general property
5. Essential elements of a valid contract
5. Conditions
condition is a stipulation essential to the main purpose of the contract, the breach of which gives rise
to a right to treat the contract as repudiated.A condition is a foundation of the entire contract and an
integral part for performing the contract. (Hartly Vs. Hyman- Horse story)
Kinds of conditions
1. Expressed Condition
The dictionary meaning of the term is defined as a statement in a legal agreement that says 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 are said to be expressed conditions.
2. Implied Condition
There are several implied conditions which are assumed by the parties in different kinds of contracts of sale. Say for example the
assumption during sale by description or sale by sample. Implied conditions are described in Section 14 to 17 of the Sale of Goods
Act, 1930
a. Implied condition as to title
b. Implied condition as to the description
c. Implied condition as to sale by sample
d. Implied condition as to Sale by sample as well as a description
6. WARRANTY
A warranty is a stipulation collateral to the main purpose of the contract, the breach
of which gives rise to a claim for damages but not to a right to reject the goods and
treat the contract as repudiated.
Kinds of Warranty
1. Expressed Warranty: The warranties which are generally agreed by both the parties and are
inserted in the contract, it is said to be expressed warranties.
2.Implied Warranty
Implied warranties are those warranties which the parties assumed to have been incorporated in
the contract of sale despite the fact that the parties have not specifically included them in the
contract. Subject to the contract, the following are the implied warranties in the contract of sale:
a. Warranty as to undisturbed possession
b. Warranty as to freedom from Encumbrances
c. Implied warranty to disclose Dangerous nature of the goods sold
7. BASIS FOR
COMPARISON
CONDITION WARRANTY
Meaning
It is a stipulation which forms the very basis of
the contract.
It is additional stipulation
complementary to the main purpose of
the contract.
Provision
Section 12(2) of the Sale of Goods Act, 1930
defines Condition.
Section 12(3) of the Sale of Goods
Act, 1930 defines Condition.
Purpose
Condition is basic for the formulation of the
contract.
It is a written guarantee for assuring
the party.
Result of Breach of
Contract
The whole contract may be treated as repudiated.
Only damages can be claimed in case
of a breach.
Remedies available to the
aggrieved party
Repudiation, as well as damages, can be
claimed.
Only damages can be claimed
8. DOCTRINE OF CAVEAT EMPTOR
'Caveat Emptor' is a fundamental principle of the law relating to sale of goods. It means 'Caution
Buyer', i.e., Let the buyer beware'. In other words, it is no part of the seller's duty to point out
defects of the goods he offers for sale. The buyer must examine the goods and find out their
suitability for the purpose he buys them for.
Examples: a) A person buys a readymade shirt for his son, he will not have a right to return or exchange
the same if the shirt doesn't exactly fit his son, i.e., too tight or loose.
Exceptions to the Doctrine of Caveat Emptor
1. Where the seller makes a mis -presentation and the buyer relies on that representation, the rule of
'Caveat Emptor' will not only apply
2. Where the seller actively conceals a defect in the goods, so that on a reasonable examination the
same could not be discovered, or where the seller makes a false representation amounting to fraud
3. Where the buyer makes known to the seller the purpose for which he is buying the goods, so as to
show that the buyer relies on the seller's skill or judgement and the seller happens to be a person
whose business is to sell goods of that description, then there is an implied condition that the goods
shall be reasonably fit for such purpose.
9. Exceptions to the Doctrine of Caveat Emptor: cont…
4. An implied warranty or condition as to quality or fitness for a particular purpose
may be annexed (attached) by the usage of trade Section 16(3).
5. Where the goods are sold by description and the goods supplied by the seller
do not correspond to the description, this doctrine would not apply.
6. If the goods are sold by sample and the bulk of the goods supplied do not
correspond with the sample, this doctrine would not apply
7. In a sale by sample as well as by description, if the bulk of the goods supplied
does not correspond to the sample as well as with description, this doctrine will
not apply
10. Transfer of ownership in goods including sale by a
non-owner and exceptions
There are four primary rules that govern the passing
of property:
Specific or Ascertained Goods
Passing of Unascertained Goods
Goods sent on approval or “on sale or return”
Transfer of property in case of reservation of the right to
disposal
11. SALE BY NON-OWNERS
Subject to the provisions of this Act and of any other law for the
time being in force, where goods are sold by a person who is not
the owner thereof and who does not sell them under the
authority as, with the consent of the owner, the buyer acquires
no better title to the goods than what the seller had. Thus, it can
be stated that a person who is not the owner of the goods
cannot make a third person owner of the goods. But the above
rule is subject to some exceptions where the seller may confer a
better title than what he himself possesses.
12. Exceptions:
1] Sale by a Mercantile agent
2] Sale by one of the Joint Owners (Section 28)
3] Sale by a Person in Possession of Goods under a Voidable Contract
4) Title by estoppel
5) Sale by seller in possession after sale
6) Sale by an unpaid seller:
7) Sale by a finder of goods
13. Performance of the Contract
It is defined as “the performance of the respective duties of the seller and the
buyer as per the terms of the contract.”
DELIVERY OF GOODS
Delivery means voluntary transfer of possession from oner person to
another.”
ACCEPTANCE OF DELIVERY
As per the terms of the contract, a buyer must accept the goods sent to him
by the seller.
Case Law: Charter Vs. Sulivan (1957)….(sale of car)
14. RIGHTS AND DUTIES OF A BUYER
Rights of a Buyer
1. Right to have Delivery of Goods
2. Rights to Reject the goods
3. Rights to Examine the Goods
4. Rights not to Return the Rejected goods
5. Right to the Notice of Insurance
6. Rights to sue the seller for Non-delivery
7. Right to sue for specific performance
8. Right to sue for Breach of warranty
9. Right when the seller cancels the contract before Due date
10. Right to sue for interest
15. DUTIES OF A BUYER
1. Duty to accept the goods
2. Duty to pay price
3. duty to apply for delivery
4. duty to accept delivery in instalments
5. Duty against Deterioration
6. Duty to inform when there is a rejection of goods
7. Duty to take the delivery of goods
8. Duty to pay damages for non-acceptance of goods
16. RIGHTS AND DUTIES OF A SELLER
Rights of a Seller
1. Rights to sue for price
2. Rights to claim compensation
3. Rights to sue for damages
4. Right when there is repudiation of contracts
5. Right to sue interest
6.Right of an unpaid seller
17. DUTIES OF A SELLER
1. Duty to deliver the goods
2. Duty to allow examining the goods
3. duty to deliver the goods at the agreed place
4. Duty to supply the goods in time
5. Duty to bear expenses to put goods indeliverable state
6. duty to get into a contract with the carrier
7. Duty to inform to get the goods insured
18. MEANING OF AN UNPAID SELLER
A seller who has not received the full price of goods sold is termed
as an unpaid seller. Section 45 of the Sale of Goods Act, 1930 has
defined an unpaid seller as follows: The seller of goods is deemed to
be an unpaid seller i) when the whole of the price has not been paid
or tendered; or ii) when a bill of exchange or other negotiable
instrument has been received as conditional payment and it has
been dishonored.
Examples: A sold certain goods to B for Rs. 5,000; B paid Rs. 4,500
but fails to pay the balance. A is an unpaid seller
19. The rights of an unpaid seller:
The rights of an unpaid seller can broadly be discussed under two heads:
1. The rights against the goods:
a) Where the property in goods has passed to the buyer:
i) Right of lien;
ii) Right of stoppage of goods-in-transit; and
iii) Right of resale.
b) Where the property in goods has not yet passed to the buyer, he has an
additional right of withholding delivery.
2. The tights against the buyer personally:
i) Right to file a suit fix price;
ii) Right to file a suit for damages; and
iii) Right to file a suit for interest.