The document defines a contract of sale as an agreement where the seller transfers ownership of goods to the buyer in exchange for a price. There must be at least two parties (a seller and buyer), the transaction must involve goods, a price must be paid in money, and ownership must be transferred from seller to buyer. A sale involves the immediate transfer of ownership, while an agreement to sell involves future or conditional transfer of ownership.
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Meaning with suitable example & explanation.
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A contractual term is “Any provision forming part of a contract”.
Each term gives rise to a contractual obligation, breach of which can give rise to litigation.
Not all terms are stated expressly and some terms carry less legal gravity as they are peripheral to the objectives of the contract.
In general, parties can only sue for enforcement of valid contractual terms as opposed to representations or mere puffs.
An exemption clause is an agreement in a contract that stipulates that a party is limited or excluded from liability.
There are three types of clauses, these are a ‘limitation clause’; this is where a party is limited from liability.
The other is an ‘exclusion clause’; this is where a party is excluded from liability.
‘Time limitation clause’ states that an action for a claim must be commenced within a certain period of time or the cause of action becomes extinguished.
PPT on "Pledge" for BBA & B.Com 1st year students, CA, CPT, CS & CMA Foundation.
Business Law PPT by Sandeep Sharma.
Meaning with suitable example & explanation.
The slides discuss in detail the concept of Bailment, Pledge, and Hypothecation under the Indian Contract Act, 1878. Useful for Law Students and professionals.
A contractual term is “Any provision forming part of a contract”.
Each term gives rise to a contractual obligation, breach of which can give rise to litigation.
Not all terms are stated expressly and some terms carry less legal gravity as they are peripheral to the objectives of the contract.
In general, parties can only sue for enforcement of valid contractual terms as opposed to representations or mere puffs.
An exemption clause is an agreement in a contract that stipulates that a party is limited or excluded from liability.
There are three types of clauses, these are a ‘limitation clause’; this is where a party is limited from liability.
The other is an ‘exclusion clause’; this is where a party is excluded from liability.
‘Time limitation clause’ states that an action for a claim must be commenced within a certain period of time or the cause of action becomes extinguished.
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THIS IS THE POWERPOINT PRESENTATION OF THE TOPIC CONDITION AND WARRANTIES. THIS IS PPT BY WHICH YOU CAN EASILY UNDERSTAND THE TOPIC CONDITION AND WARRANTIES OF SALE OF GOODS ACT 1930 AND PLEASE LIKE THE PRESENTATION IF YOU FEEL GOOD AND DOWNLOAD AS MUCH YOU CAN SO THAT I CAN GET MOTIVATE BY THE RESPONSE.
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THIS IS THE POWERPOINT PRESENTATION OF THE TOPIC CONDITION AND WARRANTIES. THIS IS PPT BY WHICH YOU CAN EASILY UNDERSTAND THE TOPIC CONDITION AND WARRANTIES OF SALE OF GOODS ACT 1930 AND PLEASE LIKE THE PRESENTATION IF YOU FEEL GOOD AND DOWNLOAD AS MUCH YOU CAN SO THAT I CAN GET MOTIVATE BY THE RESPONSE.
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1. C L A S S – M B A
CONTRACT OF SALE
S U B J E C T – B U S I N E S S L A W
2. Contract of Sale
Section 4 (1) of the Sale of Goods Act, 1930 defines
the term as a contract of sale of goods is a contract
whereby the seller transfers or agrees to transfer the
property in goods to the buyer for a price.
3.
4. Essentials of Contract of Sale
There must be at least two parties (seller and buyer),
The subject matter of the contract must necessarily be
goods,
A price in money (not in kind) should be paid or promised,
A transfer of property in goods from seller to the buyer
must take place,
All other essential element of a valid contract must be.
5. Characteristics……
Buyer and seller:-The person who buys the goods or makes
an agreement to buy is called the buyer. & the person who
sells the goods or makes an agreement to sell is called the
seller
Goods:- The subject matter of the contract of the sale is
essential the goods are movable property other than the
actionable claim and money
Price:- Goods are always sold for a price
Transfer of ownership:- The transfer of ownership can be at
the time of making the contract or it can be at future date
6. SALE AND AGREEMENT TO SELL
Sale:- Acc. to Section 4(1) of the Sale of Goods Act, 1930 -
“where under a contract of sale the property in the goods is
transferred from the seller to the buyer
Agreement to Sell:- Acc. To section 4(3) of the Sale of
Goods Act,1930where under the contract of sale the
transfer of property in the goods is to take place ata future
time or subject to some condition thereafter to be fulfilled
7. Difference between Sale & Agreement to Sale
BASIS OF DIFF. SALE AGREEMENTTO SELL
Transfer of
Ownership
Ownership of goods is
transfer immediately.
Ownership of goods is not
transfer immediately
Risk follow
Ownership
Ownership and risk phases
by buyer.
Ownership of good not pass to
buyer hence risk also don’t pass.
Type of Contract Executed Contract Executory Contract
Subsequent loss
or destruction
It is the liability and
responsibility of Buyer
It is the liability and
responsibility of seller
Nature Absolute Conditional
Right to sell In hands of Buyer In hands of seller