The document discusses the key aspects of the law of sales of goods in Sri Lanka. It contains 3 main points:
1. It defines what constitutes a contract of sale of goods and distinguishes it from a contract for the sale of goods. A contract of sale involves the immediate transfer of title, while a contract for sale involves transfer of title at a future time or when conditions are met.
2. It outlines the essential elements and implied conditions in a valid contract for the sale of goods based on the Sales of Goods Ordinance, including requirements around title, description, fitness for purpose, and quality. It also discusses exceptions to the caveat emptor rule through implied warranties.
3. It
This document discusses key concepts from the Sales of Goods Act 1930 in India, including the definition of a sale versus an agreement to sell, conditions and warranties, transfer of property, and rights of unpaid sellers. It notes that a sale involves immediate transfer of property, while an agreement to sell involves future transfer. Conditions refer to essential terms, and their breach allows contract repudiation, while warranties cover collateral terms and only allow damages claims. The document outlines implied conditions like title, description, fitness, merchantability, and custom. It also discusses implied warranties, the caveat emptor rule, and exceptions where sellers must disclose flaws.
The document provides an overview of the Sale of Goods Act, 1930 in India. Some key points:
- The Act was enacted in 1930 and borrowed from the English Sale of Goods Act. It defines a contract of sale as one where the seller transfers property in goods to the buyer for a price.
- It covers existing and future goods, passing of property between buyer and seller, implied conditions and warranties, remedies for breach, and effects of contracts on transfer of title.
- Key definitions include buyer, seller, goods, price, and conditions versus warranties. The rights and obligations of buyers and sellers are established, including around risk, defects, rejections, and more.
The document provides an overview of the Sale of Goods Act of 1930 in India. Some key points:
- The Act was enacted in 1930 and borrowed from the English Sale of Goods Act. It defines a contract of sale as one where the seller transfers property in goods to the buyer for a price.
- It covers definitions, essential elements of a valid contract of sale, transfer of property and risk between buyer and seller, implied conditions and warranties, remedies for breach, and effects on title when goods are sold by someone without proper authority.
- The Act aims to regulate contracts for the sale of goods and determine rights and obligations of buyers and sellers to promote fairness and protect parties in sale of goods transactions.
The document summarizes key aspects of the Sale of Goods Act 1930 in India. It defines a contract of sale as one where the seller transfers ownership of goods to the buyer for a price. A sale involves immediate transfer of ownership, while an agreement to sell involves future transfer. The act establishes rules for determining when ownership transfers. It also distinguishes conditions from warranties in a contract and implies certain conditions and warranties, such as the buyer's right to title and quiet possession of goods.
The Sale of Goods Act 1930 governs contracts for the sale of goods in India. It defines a contract of sale as an agreement whereby the seller transfers ownership of goods to the buyer for a price. The Act distinguishes between a sale, where ownership transfers immediately, and an agreement to sell, where ownership transfers at a later time. It covers essential elements of contracts of sale like parties, goods, price, and transfer of ownership. The Act also establishes rights for unpaid sellers, such as lien, stoppage in transit, and resale of goods.
The document provides definitions and explanations of key concepts in Malaysia's Sales of Goods Act 1967. It discusses what constitutes goods, the different types of goods, and how contracts of sale are formed. It also covers important implied conditions and warranties in contracts of sale, including title to goods, correspondence with descriptions, quality and fitness, merchantability, and sale by sample. The document explains when property or ownership is transferred from the seller to the buyer and exceptions to the general rule of nemo dat quod non habet (no one can transfer better title than they have). Finally, it discusses the performance of contracts of sale through delivery and acceptance of goods, as well as remedies available to buyers and sellers for breaches of contract.
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.
The document discusses the rights of an unpaid seller under the Sale of Goods Act. It defines an unpaid seller as one where the whole price has not been paid or a negotiable instrument used for conditional payment has been dishonored. As an unpaid seller, they have the right of lien over goods, the right to stop goods in transit if the buyer becomes insolvent, and the right to resell perishable goods if buyer does not pay within a reasonable time frame. For ascertained goods, the property is transferred when the parties intend it, considering the contract terms, conduct, and circumstances. The essentials for property transfer are goods being ascertained and intention to pass property.
This document discusses key concepts from the Sales of Goods Act 1930 in India, including the definition of a sale versus an agreement to sell, conditions and warranties, transfer of property, and rights of unpaid sellers. It notes that a sale involves immediate transfer of property, while an agreement to sell involves future transfer. Conditions refer to essential terms, and their breach allows contract repudiation, while warranties cover collateral terms and only allow damages claims. The document outlines implied conditions like title, description, fitness, merchantability, and custom. It also discusses implied warranties, the caveat emptor rule, and exceptions where sellers must disclose flaws.
The document provides an overview of the Sale of Goods Act, 1930 in India. Some key points:
- The Act was enacted in 1930 and borrowed from the English Sale of Goods Act. It defines a contract of sale as one where the seller transfers property in goods to the buyer for a price.
- It covers existing and future goods, passing of property between buyer and seller, implied conditions and warranties, remedies for breach, and effects of contracts on transfer of title.
- Key definitions include buyer, seller, goods, price, and conditions versus warranties. The rights and obligations of buyers and sellers are established, including around risk, defects, rejections, and more.
The document provides an overview of the Sale of Goods Act of 1930 in India. Some key points:
- The Act was enacted in 1930 and borrowed from the English Sale of Goods Act. It defines a contract of sale as one where the seller transfers property in goods to the buyer for a price.
- It covers definitions, essential elements of a valid contract of sale, transfer of property and risk between buyer and seller, implied conditions and warranties, remedies for breach, and effects on title when goods are sold by someone without proper authority.
- The Act aims to regulate contracts for the sale of goods and determine rights and obligations of buyers and sellers to promote fairness and protect parties in sale of goods transactions.
The document summarizes key aspects of the Sale of Goods Act 1930 in India. It defines a contract of sale as one where the seller transfers ownership of goods to the buyer for a price. A sale involves immediate transfer of ownership, while an agreement to sell involves future transfer. The act establishes rules for determining when ownership transfers. It also distinguishes conditions from warranties in a contract and implies certain conditions and warranties, such as the buyer's right to title and quiet possession of goods.
The Sale of Goods Act 1930 governs contracts for the sale of goods in India. It defines a contract of sale as an agreement whereby the seller transfers ownership of goods to the buyer for a price. The Act distinguishes between a sale, where ownership transfers immediately, and an agreement to sell, where ownership transfers at a later time. It covers essential elements of contracts of sale like parties, goods, price, and transfer of ownership. The Act also establishes rights for unpaid sellers, such as lien, stoppage in transit, and resale of goods.
The document provides definitions and explanations of key concepts in Malaysia's Sales of Goods Act 1967. It discusses what constitutes goods, the different types of goods, and how contracts of sale are formed. It also covers important implied conditions and warranties in contracts of sale, including title to goods, correspondence with descriptions, quality and fitness, merchantability, and sale by sample. The document explains when property or ownership is transferred from the seller to the buyer and exceptions to the general rule of nemo dat quod non habet (no one can transfer better title than they have). Finally, it discusses the performance of contracts of sale through delivery and acceptance of goods, as well as remedies available to buyers and sellers for breaches of contract.
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.
The document discusses the rights of an unpaid seller under the Sale of Goods Act. It defines an unpaid seller as one where the whole price has not been paid or a negotiable instrument used for conditional payment has been dishonored. As an unpaid seller, they have the right of lien over goods, the right to stop goods in transit if the buyer becomes insolvent, and the right to resell perishable goods if buyer does not pay within a reasonable time frame. For ascertained goods, the property is transferred when the parties intend it, considering the contract terms, conduct, and circumstances. The essentials for property transfer are goods being ascertained and intention to pass property.
The document discusses the key aspects of a contract of sale under Indian law. It begins by defining a contract of sale and differentiating between a sale and an agreement to sell. It then covers the essential elements of a valid contract of sale, implied conditions and warranties, caveat emptor, and how the transfer of property occurs. Specifically, it examines how property is transferred for unascertained goods, specific goods, and goods sold on approval. The document provides a comprehensive overview of contract of sale with examples to illustrate important legal concepts.
The document provides an overview of key concepts from the Sale of Goods Act 1930 in India, including:
1. It defines important terms like "sale", "buyer", "seller", and "goods" as used in the Act. Goods can be existing, future, or contingent.
2. It distinguishes a sale from an agreement to sell based on factors like nature, type of contract, transfer of risk and title, right to sell, and consequences of loss.
3. Essentials for a valid contract of sale are outlined as two or more parties, agreement to transfer ownership of goods for a price, and subject matter being goods.
4. Rules regarding passing of property, performance of
The document is the Sale of Goods Act of 1930 from India. It contains 7 chapters that define and regulate the sale of goods. Chapter 1 covers preliminary definitions. Chapter 2 covers the formation of sales contracts, including the sale of existing, future, or perishable goods. Chapter 3 covers the effects of contracts, including when property passes to the buyer. Chapter 4 covers contract performance, including delivery, acceptance, and remedies. Chapter 5 covers the rights of unpaid sellers. Chapter 6 covers breach of contract suits. Chapter 7 covers miscellaneous provisions including warranties and reasonable time. The Act establishes a comprehensive framework for sales of goods in India.
The Sale of Goods Act 1930 governs contracts for the sale of goods in India. It defines key terms including sale, agreement to sell, existing and future goods. The Act implies certain conditions and warranties in contracts for the sale of goods regarding title, description, sample, merchantability and fitness for purpose. It addresses performance of sales contracts through delivery of goods and payment. The Act provides rights to unpaid sellers, including the right to sue for the unpaid price or damages.
Dr SHIKHA AGARWAL CONTRACT OF SALE --BBA-IB.pdfyelaf54427
This document provides an overview of the Sale of Goods Act 1930 in India. It discusses key concepts around contracts of sale including the essential elements, differences between sale and agreement to sell, goods, price, conditions and warranties, and transfer of ownership. Specifically, it defines a contract of sale under section 4(1) as involving the transfer of property in goods from the seller to the buyer for a price. It also explains the different types of goods, implications of destruction or damage of goods, methods of determining price, and the distinction between conditions and warranties.
This 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 ownership of goods to the buyer for a price. The Act distinguishes between sale, where ownership transfers immediately, and agreement to sell, where ownership will transfer in the future. It also defines goods, classifications of goods, conditions and warranties, caveat emptor (buyer beware), transfer of title and risk, and performance of sales contracts. The duties of buyers and sellers are outlined regarding payment, delivery, acceptance of goods, and liability.
This document discusses key concepts from Chapter 4 of the Sale of Goods Act 1930. It begins by defining a contract of sale and outlining its essential elements. It distinguishes between a sale, where ownership transfers immediately, and an agreement to sell, where ownership transfers at a future date. It defines goods and documents of title to goods. It discusses classification of goods, the importance of price, and the distinction between conditions and warranties in a contract of sale.
The document provides an overview of the Sale of Goods Act of 1930 in India. It contains 66 sections across 7 chapters that define and regulate the sale of goods. The key aspects covered include formation of sales contracts, transfer of property, obligations of buyers and sellers, remedies for breach of contract, and rights of unpaid sellers. The Act aims to define and amend laws around sale of goods transactions in India.
The document discusses key concepts related to contracts of sale and consumer laws in India. It begins by defining a contract of sale under the Sale of Goods Act and outlines the essential elements, including two parties (buyer and seller), agreement to transfer property in goods from seller to buyer for a price. It also distinguishes between a sale and agreement to sell. The document then discusses implied conditions and warranties in contracts of sale, the difference between conditions and warranties, and key cases. It provides examples of various types of goods and concludes with an overview of a consumer's rights under consumer protection laws.
The Sale of Goods Act governs the sale of movable property in India. It applies to tangible movable goods, excluding money and actions. Goods may be existing, future or contingent. A sale involves transferring ownership, while an agreement to sell involves future or conditional transfer. Key elements of a valid contract of sale are movable goods, consideration in the form of money, two parties (buyer and seller), and mutual agreement. The Act implies certain conditions and warranties depending on the type of sale, regarding title, description, sample or fitness for purpose. Remedies for breach include damages, rejection, and specific performance.
The document summarizes the Sale of Goods Act of 1930 in India. Some key points:
- It defines and amends laws around the sale of goods in India.
- It covers the formation of sales contracts, including defining buyers and sellers, and rules around existing/future goods.
- It addresses transfer of property and risk, implied warranties around quality and title, and special types of sales contracts like sales by sample.
- Exceptions are provided for situations like goods perishing before a contract or sale, sales by persons not the legal owner, and continued possession after a sale.
The document summarizes the Sale of Goods Act of 1930 in India. Some key points:
- It defines and amends laws around the sale of goods in India.
- It covers the formation of sales contracts, including defining buyers and sellers, delivery, implied conditions around quality and fitness for purpose.
- It distinguishes between a sale where property is immediately transferred, and an agreement to sell where property transfer is conditional or at a future time.
- It addresses issues like goods perishing before or after an agreement is made, setting prices, and conditions versus warranties in a sales contract.
Retention of title (RoT) clauses allow sellers to retain legal ownership of goods even after delivering them to the buyer, until the buyer pays the full price. RoT clauses take various forms, including retaining title to the specific goods supplied, any products made from them, or the proceeds from reselling them. They protect sellers if buyers default on payments or become insolvent by allowing repossession of unpaid goods. For a RoT clause to be valid, the goods must be identifiable. Key cases like Romalpa and Clough Mill established that RoT clauses do not necessarily create security interests but can retain property rights depending on the wording. Different types of clauses exist, like basic clauses for specific goods or all monies
The document discusses key concepts from the Sale of Goods Act 1930 in India, including:
- A contract of sale is an agreement where the owner of goods transfers property to a buyer for a price. It requires goods, parties, consideration, and consent.
- Implied conditions include that the seller has title to sell the goods, the goods match any description or sample provided, and are of merchantable quality and fit for the buyer's purpose.
- A condition is an essential term, while a warranty is less important. Breach of a condition allows terminating the contract, while breach of a warranty only permits damages.
- The doctrine of caveat emptor means the buyer bears responsibility to examine
This document provides an introduction and overview of key concepts relating to the sale of goods in Sri Lanka. It discusses the following main points in 3 paragraphs:
1. It defines a sale of goods contract and outlines the 4 key elements required - a seller, buyer, goods, and consideration (price). It also distinguishes between existing, future, and ascertained/unascertained goods.
2. It discusses the terms that can be included in a sale of goods contract, including express terms agreed by the parties and implied terms that are automatically included by law. It defines conditions and warranties.
3. It outlines the implied conditions and warranties included in sale of goods contracts by operation of law,
The document discusses key aspects of contracts for the sale of goods under the Sale of Goods Act 1930 in India. It defines a contract of sale as one where the seller transfers ownership of goods to the buyer for a price. For a valid sale contract there must be two parties (buyer and seller), goods, transfer of ownership of the goods, and a price. The document outlines the differences between a sale, where ownership immediately transfers, and an agreement to sell, where ownership transfers at a later time. It also discusses implied conditions and warranties in sale contracts, as well as the rights of unpaid sellers and buyers.
This document provides the arrangement of sections for The Sale of Goods Act, 1930 in India. It outlines 7 chapters with sections on preliminaries (short title, definitions), formation of contract (contract of sale, formalities, subject matter), effects of contract (transfer of property, delivery), performance of contract (duties of buyer and seller, delivery), rights of unpaid seller against goods (lien, stoppage in transit), suits for breach of contract, and miscellaneous provisions (exclusion of terms, reasonable time). Key aspects covered include sale vs agreement to sell, implied conditions on quality and fitness, and rights and obligations of buyers and sellers.
The document discusses key concepts relating to contracts of sale under the Sale of Goods Act 1957 in Malaysia. It covers definitions of a contract of sale, essential elements for a valid contract, implied terms and conditions in contracts of sale, and remedies for breach of conditions/warranties. Some key points summarized:
1) A contract of sale involves the transfer of ownership of goods from a seller to a buyer for a price. It requires offer, acceptance, consideration and intention to be bound.
2) Implied terms include the seller having title to sell the goods, goods being of merchantable quality and fit for the buyer's known purpose, and corresponding to any description or sample provided.
3)
The document discusses the key aspects of the law of sales of goods in Sri Lanka. It contains 3 main points:
1. It defines what constitutes a contract of sale of goods and distinguishes it from a contract for the sale of goods. A contract of sale involves the immediate transfer of title, while a contract for sale involves transfer of title at a future time or when conditions are met.
2. It outlines the essential elements and implied conditions in a valid contract of sale, including requirements around parties, goods, price, title transfer, and implied warranties around title, description, fitness for purpose, and merchantable quality.
3. It describes the rights of unpaid sellers, including the right of lien
This document discusses the topic of business law and the legal system in Sri Lanka. It provides definitions of key concepts:
1. Business law, also known as commercial law, deals with issues related to commerce, trade, and business dealings between private individuals and organizations.
2. Law refers to rules of conduct enforced by the state to maintain order and regulate behavior in society.
3. The legal system in Sri Lanka is a mixed system that has been influenced by Roman-Dutch law, English law, Kandyan law, Thesawalamai law, Muslim law, and Buddhist law. The supreme court sits at the top, followed by the court of appeal and high courts.
The document discusses the key aspects of a contract of sale under Indian law. It begins by defining a contract of sale and differentiating between a sale and an agreement to sell. It then covers the essential elements of a valid contract of sale, implied conditions and warranties, caveat emptor, and how the transfer of property occurs. Specifically, it examines how property is transferred for unascertained goods, specific goods, and goods sold on approval. The document provides a comprehensive overview of contract of sale with examples to illustrate important legal concepts.
The document provides an overview of key concepts from the Sale of Goods Act 1930 in India, including:
1. It defines important terms like "sale", "buyer", "seller", and "goods" as used in the Act. Goods can be existing, future, or contingent.
2. It distinguishes a sale from an agreement to sell based on factors like nature, type of contract, transfer of risk and title, right to sell, and consequences of loss.
3. Essentials for a valid contract of sale are outlined as two or more parties, agreement to transfer ownership of goods for a price, and subject matter being goods.
4. Rules regarding passing of property, performance of
The document is the Sale of Goods Act of 1930 from India. It contains 7 chapters that define and regulate the sale of goods. Chapter 1 covers preliminary definitions. Chapter 2 covers the formation of sales contracts, including the sale of existing, future, or perishable goods. Chapter 3 covers the effects of contracts, including when property passes to the buyer. Chapter 4 covers contract performance, including delivery, acceptance, and remedies. Chapter 5 covers the rights of unpaid sellers. Chapter 6 covers breach of contract suits. Chapter 7 covers miscellaneous provisions including warranties and reasonable time. The Act establishes a comprehensive framework for sales of goods in India.
The Sale of Goods Act 1930 governs contracts for the sale of goods in India. It defines key terms including sale, agreement to sell, existing and future goods. The Act implies certain conditions and warranties in contracts for the sale of goods regarding title, description, sample, merchantability and fitness for purpose. It addresses performance of sales contracts through delivery of goods and payment. The Act provides rights to unpaid sellers, including the right to sue for the unpaid price or damages.
Dr SHIKHA AGARWAL CONTRACT OF SALE --BBA-IB.pdfyelaf54427
This document provides an overview of the Sale of Goods Act 1930 in India. It discusses key concepts around contracts of sale including the essential elements, differences between sale and agreement to sell, goods, price, conditions and warranties, and transfer of ownership. Specifically, it defines a contract of sale under section 4(1) as involving the transfer of property in goods from the seller to the buyer for a price. It also explains the different types of goods, implications of destruction or damage of goods, methods of determining price, and the distinction between conditions and warranties.
This 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 ownership of goods to the buyer for a price. The Act distinguishes between sale, where ownership transfers immediately, and agreement to sell, where ownership will transfer in the future. It also defines goods, classifications of goods, conditions and warranties, caveat emptor (buyer beware), transfer of title and risk, and performance of sales contracts. The duties of buyers and sellers are outlined regarding payment, delivery, acceptance of goods, and liability.
This document discusses key concepts from Chapter 4 of the Sale of Goods Act 1930. It begins by defining a contract of sale and outlining its essential elements. It distinguishes between a sale, where ownership transfers immediately, and an agreement to sell, where ownership transfers at a future date. It defines goods and documents of title to goods. It discusses classification of goods, the importance of price, and the distinction between conditions and warranties in a contract of sale.
The document provides an overview of the Sale of Goods Act of 1930 in India. It contains 66 sections across 7 chapters that define and regulate the sale of goods. The key aspects covered include formation of sales contracts, transfer of property, obligations of buyers and sellers, remedies for breach of contract, and rights of unpaid sellers. The Act aims to define and amend laws around sale of goods transactions in India.
The document discusses key concepts related to contracts of sale and consumer laws in India. It begins by defining a contract of sale under the Sale of Goods Act and outlines the essential elements, including two parties (buyer and seller), agreement to transfer property in goods from seller to buyer for a price. It also distinguishes between a sale and agreement to sell. The document then discusses implied conditions and warranties in contracts of sale, the difference between conditions and warranties, and key cases. It provides examples of various types of goods and concludes with an overview of a consumer's rights under consumer protection laws.
The Sale of Goods Act governs the sale of movable property in India. It applies to tangible movable goods, excluding money and actions. Goods may be existing, future or contingent. A sale involves transferring ownership, while an agreement to sell involves future or conditional transfer. Key elements of a valid contract of sale are movable goods, consideration in the form of money, two parties (buyer and seller), and mutual agreement. The Act implies certain conditions and warranties depending on the type of sale, regarding title, description, sample or fitness for purpose. Remedies for breach include damages, rejection, and specific performance.
The document summarizes the Sale of Goods Act of 1930 in India. Some key points:
- It defines and amends laws around the sale of goods in India.
- It covers the formation of sales contracts, including defining buyers and sellers, and rules around existing/future goods.
- It addresses transfer of property and risk, implied warranties around quality and title, and special types of sales contracts like sales by sample.
- Exceptions are provided for situations like goods perishing before a contract or sale, sales by persons not the legal owner, and continued possession after a sale.
The document summarizes the Sale of Goods Act of 1930 in India. Some key points:
- It defines and amends laws around the sale of goods in India.
- It covers the formation of sales contracts, including defining buyers and sellers, delivery, implied conditions around quality and fitness for purpose.
- It distinguishes between a sale where property is immediately transferred, and an agreement to sell where property transfer is conditional or at a future time.
- It addresses issues like goods perishing before or after an agreement is made, setting prices, and conditions versus warranties in a sales contract.
Retention of title (RoT) clauses allow sellers to retain legal ownership of goods even after delivering them to the buyer, until the buyer pays the full price. RoT clauses take various forms, including retaining title to the specific goods supplied, any products made from them, or the proceeds from reselling them. They protect sellers if buyers default on payments or become insolvent by allowing repossession of unpaid goods. For a RoT clause to be valid, the goods must be identifiable. Key cases like Romalpa and Clough Mill established that RoT clauses do not necessarily create security interests but can retain property rights depending on the wording. Different types of clauses exist, like basic clauses for specific goods or all monies
The document discusses key concepts from the Sale of Goods Act 1930 in India, including:
- A contract of sale is an agreement where the owner of goods transfers property to a buyer for a price. It requires goods, parties, consideration, and consent.
- Implied conditions include that the seller has title to sell the goods, the goods match any description or sample provided, and are of merchantable quality and fit for the buyer's purpose.
- A condition is an essential term, while a warranty is less important. Breach of a condition allows terminating the contract, while breach of a warranty only permits damages.
- The doctrine of caveat emptor means the buyer bears responsibility to examine
This document provides an introduction and overview of key concepts relating to the sale of goods in Sri Lanka. It discusses the following main points in 3 paragraphs:
1. It defines a sale of goods contract and outlines the 4 key elements required - a seller, buyer, goods, and consideration (price). It also distinguishes between existing, future, and ascertained/unascertained goods.
2. It discusses the terms that can be included in a sale of goods contract, including express terms agreed by the parties and implied terms that are automatically included by law. It defines conditions and warranties.
3. It outlines the implied conditions and warranties included in sale of goods contracts by operation of law,
The document discusses key aspects of contracts for the sale of goods under the Sale of Goods Act 1930 in India. It defines a contract of sale as one where the seller transfers ownership of goods to the buyer for a price. For a valid sale contract there must be two parties (buyer and seller), goods, transfer of ownership of the goods, and a price. The document outlines the differences between a sale, where ownership immediately transfers, and an agreement to sell, where ownership transfers at a later time. It also discusses implied conditions and warranties in sale contracts, as well as the rights of unpaid sellers and buyers.
This document provides the arrangement of sections for The Sale of Goods Act, 1930 in India. It outlines 7 chapters with sections on preliminaries (short title, definitions), formation of contract (contract of sale, formalities, subject matter), effects of contract (transfer of property, delivery), performance of contract (duties of buyer and seller, delivery), rights of unpaid seller against goods (lien, stoppage in transit), suits for breach of contract, and miscellaneous provisions (exclusion of terms, reasonable time). Key aspects covered include sale vs agreement to sell, implied conditions on quality and fitness, and rights and obligations of buyers and sellers.
The document discusses key concepts relating to contracts of sale under the Sale of Goods Act 1957 in Malaysia. It covers definitions of a contract of sale, essential elements for a valid contract, implied terms and conditions in contracts of sale, and remedies for breach of conditions/warranties. Some key points summarized:
1) A contract of sale involves the transfer of ownership of goods from a seller to a buyer for a price. It requires offer, acceptance, consideration and intention to be bound.
2) Implied terms include the seller having title to sell the goods, goods being of merchantable quality and fit for the buyer's known purpose, and corresponding to any description or sample provided.
3)
The document discusses the key aspects of the law of sales of goods in Sri Lanka. It contains 3 main points:
1. It defines what constitutes a contract of sale of goods and distinguishes it from a contract for the sale of goods. A contract of sale involves the immediate transfer of title, while a contract for sale involves transfer of title at a future time or when conditions are met.
2. It outlines the essential elements and implied conditions in a valid contract of sale, including requirements around parties, goods, price, title transfer, and implied warranties around title, description, fitness for purpose, and merchantable quality.
3. It describes the rights of unpaid sellers, including the right of lien
This document discusses the topic of business law and the legal system in Sri Lanka. It provides definitions of key concepts:
1. Business law, also known as commercial law, deals with issues related to commerce, trade, and business dealings between private individuals and organizations.
2. Law refers to rules of conduct enforced by the state to maintain order and regulate behavior in society.
3. The legal system in Sri Lanka is a mixed system that has been influenced by Roman-Dutch law, English law, Kandyan law, Thesawalamai law, Muslim law, and Buddhist law. The supreme court sits at the top, followed by the court of appeal and high courts.
05 Create and Maintain Databases and Tables.pptxMohamedNowfeek1
This document provides an overview of SQL and creating and managing databases and tables in SQL Server 2014. It defines SQL and some common SQL statements used to interact with databases. It then covers creating databases using CREATE DATABASE and creating tables using CREATE TABLE, specifying data types for columns. The document discusses data definition language (DDL) statements for creating, modifying and deleting databases and tables. It provides examples of creating tables with and without attributes like primary keys, foreign keys, check constraints and modifying and deleting tables.
The document discusses the various functions of an entrepreneur. It notes that key functions include innovation and creativity in introducing new production processes, exploring new markets, and identifying new management techniques. Entrepreneurs also take on risk by formulating long-term plans to deal with risks associated with their investments. They make important decisions regarding investments, procurement, pricing, and diversification. Additionally, entrepreneurs organize activities necessary for production, conceptualize new opportunities, transfer technology, utilize experience, and perform managerial roles like planning, organizing, leading, and controlling.
The document is a presentation by Mr. M.R.M. Nowfeek about networking. It lists his qualifications which include degrees and certifications in information technology and computing. The bulk of the document consists of 25 slides for the presentation with limited information on each slide.
An entrepreneur is defined as someone who has an idea for a new product or service, takes on the risk of starting a business to create and sell that product or service, and works to organize the business. Entrepreneurship involves developing and running a business while dealing with the uncertainties to ultimately make a profit. Within the IT sector, entrepreneurs develop new technologies, products, or services related to information technology. Entrepreneurship more broadly is viewed as creating economic value through change and innovation while accepting risks beyond typical business startups.
1. Software testing is the process of evaluating software to identify differences between expected and actual results. It assesses the quality and identifies defects.
2. There are different types of testing including unit testing, integration testing, system testing, and user acceptance testing. Unit testing is done by developers, while later tests involve independent testers.
3. Test automation uses software to control tests and compare results to reduce manual effort in repetitive testing. It helps test changes through regression testing.
A computer is an electronic device that can accept data as input, process that data, and produce output based on those computations. It consists of interrelated hardware and software components that work together to convert data into information. The key components are the central processing unit (CPU), memory (RAM and ROM), and storage devices. RAM is volatile memory that temporarily stores data while the computer is on, while ROM is non-volatile and retains data even when powered off. Together, these components process input data according to stored instructions and produce useful output.
1. System implementation involves source code, database, user documentation, testing, staff training, and file conversion.
2. Source code can come from standard off-the-shelf packages, bespoke packages developed specifically for the organization, amended standard packages customized to meet needs, or standard packages with additional software.
3. User documentation includes information on how the system works and how to use it, while staff training focuses on providing skills for different user levels from senior management to operational staff.
Systems analysts are responsible for developing software and hardware solutions to help organizations work more efficiently. They must understand both business and technology. Systems analysts identify problems, analyze requirements, design solutions, and evaluate results. Their role requires strong interpersonal and technical skills. Interpersonal skills include communication, teaching, and selling ideas. Technical skills involve creativity, problem-solving, and project management. Systems analysts must have attributes like authority, communication ability, creativity, responsibility, and be able to handle varied skills and change.
The document discusses HTML (Hypertext Markup Language). It defines hypertext as text that contains links to other texts. HTML is the language used to create webpages and uses tags to define page layout and elements. Common HTML tags include <html>, <head>, <body>, <h1> for headings, and <p> for paragraphs. Lists in HTML can be ordered or unordered. Unordered lists use the <ul> tag and list items are marked with bullets that can be customized with CSS styles. Ordered lists use numbers by default.
Lesson 04 - Symmetric and Asymmetric Key Encryptions (1).pptxMohamedNowfeek1
1. Symmetric key cryptography uses a single secret key for both encryption and decryption, while asymmetric key cryptography uses two different but mathematically related keys, a public key and a private key.
2. In asymmetric encryption, the public key is used to encrypt messages and its companion private key is used to decrypt messages. Only the recipient who possesses the private key can decrypt messages encrypted with their public key.
3. The essential steps of asymmetric encryption are that each user generates a public-private key pair, places their public key in a register for others, and encrypts messages sent to recipients with their public key which can only be decrypted with the corresponding private key.
Cyber security involves protecting computer systems, networks, and data from malicious attacks and damage. It works to defend against threats through practices like authentication, access control, encryption, and integrity checks. Common security services include authentication to verify identities, access control to restrict unauthorized use of resources, encryption to protect confidential data, and integrity checks to ensure data hasn't been altered. Security mechanisms implement these services using techniques like encryption, digital signatures, access controls, and auditing. Attacks can be passive like eavesdropping or active like masquerading, replaying messages, or denial of service.
The document provides an overview of visual application programming and introduces key concepts like programs, programming languages, source code, executable files, language translators, the .NET framework, and the Visual Studio integrated development environment. It discusses creating a basic "Hello World" window application in C# using Visual Studio, including adding controls to the window form, adding code to update the label text when a button is clicked, and running the application.
Strategies for Effective Upskilling is a presentation by Chinwendu Peace in a Your Skill Boost Masterclass organisation by the Excellence Foundation for South Sudan on 08th and 09th June 2024 from 1 PM to 3 PM on each day.
Exploiting Artificial Intelligence for Empowering Researchers and Faculty, In...Dr. Vinod Kumar Kanvaria
Exploiting Artificial Intelligence for Empowering Researchers and Faculty,
International FDP on Fundamentals of Research in Social Sciences
at Integral University, Lucknow, 06.06.2024
By Dr. Vinod Kumar Kanvaria
ISO/IEC 27001, ISO/IEC 42001, and GDPR: Best Practices for Implementation and...PECB
Denis is a dynamic and results-driven Chief Information Officer (CIO) with a distinguished career spanning information systems analysis and technical project management. With a proven track record of spearheading the design and delivery of cutting-edge Information Management solutions, he has consistently elevated business operations, streamlined reporting functions, and maximized process efficiency.
Certified as an ISO/IEC 27001: Information Security Management Systems (ISMS) Lead Implementer, Data Protection Officer, and Cyber Risks Analyst, Denis brings a heightened focus on data security, privacy, and cyber resilience to every endeavor.
His expertise extends across a diverse spectrum of reporting, database, and web development applications, underpinned by an exceptional grasp of data storage and virtualization technologies. His proficiency in application testing, database administration, and data cleansing ensures seamless execution of complex projects.
What sets Denis apart is his comprehensive understanding of Business and Systems Analysis technologies, honed through involvement in all phases of the Software Development Lifecycle (SDLC). From meticulous requirements gathering to precise analysis, innovative design, rigorous development, thorough testing, and successful implementation, he has consistently delivered exceptional results.
Throughout his career, he has taken on multifaceted roles, from leading technical project management teams to owning solutions that drive operational excellence. His conscientious and proactive approach is unwavering, whether he is working independently or collaboratively within a team. His ability to connect with colleagues on a personal level underscores his commitment to fostering a harmonious and productive workplace environment.
Date: May 29, 2024
Tags: Information Security, ISO/IEC 27001, ISO/IEC 42001, Artificial Intelligence, GDPR
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Training: ISO/IEC 27001 Information Security Management System - EN | PECB
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LAND USE LAND COVER AND NDVI OF MIRZAPUR DISTRICT, UPRAHUL
This Dissertation explores the particular circumstances of Mirzapur, a region located in the
core of India. Mirzapur, with its varied terrains and abundant biodiversity, offers an optimal
environment for investigating the changes in vegetation cover dynamics. Our study utilizes
advanced technologies such as GIS (Geographic Information Systems) and Remote sensing to
analyze the transformations that have taken place over the course of a decade.
The complex relationship between human activities and the environment has been the focus
of extensive research and worry. As the global community grapples with swift urbanization,
population expansion, and economic progress, the effects on natural ecosystems are becoming
more evident. A crucial element of this impact is the alteration of vegetation cover, which plays a
significant role in maintaining the ecological equilibrium of our planet.Land serves as the foundation for all human activities and provides the necessary materials for
these activities. As the most crucial natural resource, its utilization by humans results in different
'Land uses,' which are determined by both human activities and the physical characteristics of the
land.
The utilization of land is impacted by human needs and environmental factors. In countries
like India, rapid population growth and the emphasis on extensive resource exploitation can lead
to significant land degradation, adversely affecting the region's land cover.
Therefore, human intervention has significantly influenced land use patterns over many
centuries, evolving its structure over time and space. In the present era, these changes have
accelerated due to factors such as agriculture and urbanization. Information regarding land use and
cover is essential for various planning and management tasks related to the Earth's surface,
providing crucial environmental data for scientific, resource management, policy purposes, and
diverse human activities.
Accurate understanding of land use and cover is imperative for the development planning
of any area. Consequently, a wide range of professionals, including earth system scientists, land
and water managers, and urban planners, are interested in obtaining data on land use and cover
changes, conversion trends, and other related patterns. The spatial dimensions of land use and
cover support policymakers and scientists in making well-informed decisions, as alterations in
these patterns indicate shifts in economic and social conditions. Monitoring such changes with the
help of Advanced technologies like Remote Sensing and Geographic Information Systems is
crucial for coordinated efforts across different administrative levels. Advanced technologies like
Remote Sensing and Geographic Information Systems
9
Changes in vegetation cover refer to variations in the distribution, composition, and overall
structure of plant communities across different temporal and spatial scales. These changes can
occur natural.
Chapter wise All Notes of First year Basic Civil Engineering.pptxDenish Jangid
Chapter wise All Notes of First year Basic Civil Engineering
Syllabus
Chapter-1
Introduction to objective, scope and outcome the subject
Chapter 2
Introduction: Scope and Specialization of Civil Engineering, Role of civil Engineer in Society, Impact of infrastructural development on economy of country.
Chapter 3
Surveying: Object Principles & Types of Surveying; Site Plans, Plans & Maps; Scales & Unit of different Measurements.
Linear Measurements: Instruments used. Linear Measurement by Tape, Ranging out Survey Lines and overcoming Obstructions; Measurements on sloping ground; Tape corrections, conventional symbols. Angular Measurements: Instruments used; Introduction to Compass Surveying, Bearings and Longitude & Latitude of a Line, Introduction to total station.
Levelling: Instrument used Object of levelling, Methods of levelling in brief, and Contour maps.
Chapter 4
Buildings: Selection of site for Buildings, Layout of Building Plan, Types of buildings, Plinth area, carpet area, floor space index, Introduction to building byelaws, concept of sun light & ventilation. Components of Buildings & their functions, Basic concept of R.C.C., Introduction to types of foundation
Chapter 5
Transportation: Introduction to Transportation Engineering; Traffic and Road Safety: Types and Characteristics of Various Modes of Transportation; Various Road Traffic Signs, Causes of Accidents and Road Safety Measures.
Chapter 6
Environmental Engineering: Environmental Pollution, Environmental Acts and Regulations, Functional Concepts of Ecology, Basics of Species, Biodiversity, Ecosystem, Hydrological Cycle; Chemical Cycles: Carbon, Nitrogen & Phosphorus; Energy Flow in Ecosystems.
Water Pollution: Water Quality standards, Introduction to Treatment & Disposal of Waste Water. Reuse and Saving of Water, Rain Water Harvesting. Solid Waste Management: Classification of Solid Waste, Collection, Transportation and Disposal of Solid. Recycling of Solid Waste: Energy Recovery, Sanitary Landfill, On-Site Sanitation. Air & Noise Pollution: Primary and Secondary air pollutants, Harmful effects of Air Pollution, Control of Air Pollution. . Noise Pollution Harmful Effects of noise pollution, control of noise pollution, Global warming & Climate Change, Ozone depletion, Greenhouse effect
Text Books:
1. Palancharmy, Basic Civil Engineering, McGraw Hill publishers.
2. Satheesh Gopi, Basic Civil Engineering, Pearson Publishers.
3. Ketki Rangwala Dalal, Essentials of Civil Engineering, Charotar Publishing House.
4. BCP, Surveying volume 1
This document provides an overview of wound healing, its functions, stages, mechanisms, factors affecting it, and complications.
A wound is a break in the integrity of the skin or tissues, which may be associated with disruption of the structure and function.
Healing is the body’s response to injury in an attempt to restore normal structure and functions.
Healing can occur in two ways: Regeneration and Repair
There are 4 phases of wound healing: hemostasis, inflammation, proliferation, and remodeling. This document also describes the mechanism of wound healing. Factors that affect healing include infection, uncontrolled diabetes, poor nutrition, age, anemia, the presence of foreign bodies, etc.
Complications of wound healing like infection, hyperpigmentation of scar, contractures, and keloid formation.
A workshop hosted by the South African Journal of Science aimed at postgraduate students and early career researchers with little or no experience in writing and publishing journal articles.
This presentation was provided by Steph Pollock of The American Psychological Association’s Journals Program, and Damita Snow, of The American Society of Civil Engineers (ASCE), for the initial session of NISO's 2024 Training Series "DEIA in the Scholarly Landscape." Session One: 'Setting Expectations: a DEIA Primer,' was held June 6, 2024.
How to Build a Module in Odoo 17 Using the Scaffold MethodCeline George
Odoo provides an option for creating a module by using a single line command. By using this command the user can make a whole structure of a module. It is very easy for a beginner to make a module. There is no need to make each file manually. This slide will show how to create a module using the scaffold method.
A review of the growth of the Israel Genealogy Research Association Database Collection for the last 12 months. Our collection is now passed the 3 million mark and still growing. See which archives have contributed the most. See the different types of records we have, and which years have had records added. You can also see what we have for the future.
1. By:Mr.M.R.M.Nowfeek
MCS(SL),MSc in IT, PGD in IT, BSc in MIT, BSc in IT, HNDE, BTEC ,ICDL,DICAP
Certified Facilitator :IPICT/ASAP/EPASS
Dip in ICT , Dip in IT , Dip in Hardware & Networking
Higher Diploma in Business
Management
BM103-Business Law
2. Law of Sales of Goods
• The law related to Sales of goods contained in Sales of
Goods Ordinance No 11 of 1896 also the other requirements
applied for the contracts is apply for sales of goods contract.
Mr. M.R.M.Nowfeek 2
3. Law of Sales of Goods
• Unless otherwise agreed between the parties, the Seller shall hand
over the goods in exchange for the price and the Buyer shall pay the
price in exchange for the goods. Much of the Sale of Goods Act is
codified in the Sale of Goods Act 1979, as amended by the Sale and
Supply of Goods to Consumers Regulations 2002.
Mr. M.R.M.Nowfeek 3
4. What is a contract of sales of goods?
• Sales of goods Ord. Sec.2 (1) define ‘A contract of sale of goods is
a contract where by the seller transfers or agrees to transfer the
property of goods to the buyer for a money consideration, called
the price’.
• According to the above definition there are two types of contracts
have governed by the Sales of goods ord.
• a) Contract of sale
• b) Contract for an agreement to sell
Mr. M.R.M.Nowfeek 4
5. a) Contract of sale
• A contract of sale refers to the transfer of property in goods from the
seller to the buyer which takes place at the time of the contract
without conditions or under certain conditions at some time in the
future. Under the Sale of Goods Act 1979, a contract of sale includes
a sale and an agreement to sell.
Mr. M.R.M.Nowfeek 5
6. b) Contract for an agreement to sell
In an agreement to sell, the contract clearly states the price a buyer
agrees to pay for either goods or the fulfillment of some kind of
condition stipulated.
Mr. M.R.M.Nowfeek 6
7. Distinguish the Contract of sale and contract
for an agreement to sell
I. under a contract of sale at the moment they create the contract ,
the title in goods is passed from the seller to the buyer the
contract is called a 'sale' S.2 (3).
II. Where the transfer of the title of the goods is to take place at a
future time or subject to some condition later to be fulfilled the
contract is called an 'agreement to sell'.S.2(3).
III. An agreement to sell becomes a sale when the time elapses or the
conditions subject to which the property in the goods is to be
transferred are fulfilled S.2(4)
Therefore, if the property in the goods is to transfer from the seller to
the buyer at the time when contract is entered into; the contract is
called a 'sale', where however if the parties agree to transfer the
property in goods later or subject to some conditions thereafter to be
fulfilled, the transaction is treated as an 'agreement to sell'.
Mr. M.R.M.Nowfeek 7
8. Essentials of valid contract of Sale
1.All the requirements of a valid contract must be fulfilled
2.There must be a seller and a buyer
• According to S.59 (1) 'seller' means, a person who sells or agrees to sell goods,
'buyer' means, a person who buys or agrees to buy goods.
3.There must be goods as a subject matter
• According to S.59 (1) 'goods' include all movables except money. The term
includes growing crops and things attached to or forming part of the land which
are agreed to be severed before sale or under the contract of sale
• Goods can divided as existing goods (These are goods owned or possessed
by the seller at the time of making the contract) and future goods (These are
goods which are not in existence at the time of the contract is made but they are
goods to be manufactured or acquired by the seller after the making of the
contract of sale.)
• The existing goods can divide as specific goods and unascertained goods
4.The title of the goods must be transferred to the buyer
5.There must be a consideration called the price.
Mr. M.R.M.Nowfeek 8
9. Caveat Emptor rule and implied conditions
and warranties of the sales of goods contract
• Caveat Emptor means ‘buyer beware’. It is an established principle
that the buyer should be careful and responsible for his conduct
when he buys a good. He should check the goods and buy them and
the seller is not liable for the defects in the good. This is a common
law rule.
• But there are some exceptions to be found in the act itself.
• These exceptions are found in the form of implied conditions of the
sales of goods contract. There are 06 implied conditions.
Mr. M.R.M.Nowfeek 9
10. 1. Implied condition regarding title -Section 13 (a)
• There is an implied condition on the part of the seller that in the case
of a sale he has a right to sell the goods, and that, in the case of an
agreement to sell, he will have a right to sell the goods at the time
the property is to pass
Mr. M.R.M.Nowfeek 10
11. 2. Goods shall correspond with the description-
Section 14
• Where there is a contract for the sale of goods by description, there
is an implied condition that the goods shall correspond with the
description. Goods are said to be sold by description when they are
described in the contract either by the buyer or by the seller and the
buyer contracts in reliance of the description.
Mr. M.R.M.Nowfeek 11
12. 3. Goods shall correspond with sample &
description –Section 14
• If the sale is doing by sample as well as by description, the good
should correspond not only with the sample but also with the
description
Mr. M.R.M.Nowfeek 12
13. 4. The goods should fit to the purpose –Section
15(1)
• Where the buyer expressly or impliedly makes known to seller the purpose for
which the goods are required and thus showing that he relies on the seller's skill
or judgment, there is an implied condition that the goods shall be reasonably fit
for such purpose.
• The principal requirements for the application of this condition may be analysed
as follows:
• a. The buyer should have either expressly or impliedly informed the
• seller the particular purpose for which he required the goods.
• b. The seller is aware that the buyer has relied on the seller's skill
• and judgment.
• c. It is the general business of the seller to sell goods of that type. But
• it is not necessary that the goods should be manufactured by him.
• d. If the buyer relies partly on his own judgment and partly on that of
• the seller, this condition is implied when his reliance on the seller
• was substantial and effective.
Mr. M.R.M.Nowfeek 13
14. 5. Goods should be in merchantable quality -
Section 15 (2)
• Where goods are bought by description from a seller who deals in
goods of that description (whether he is the manufacturer or not)
there is an implied condition that the goods shall be of a
merchantable quality.
• By merchantable quality, it is meant that they must be fit for the
purpose for which goods of that kind are commonly bought and it
must be free from any defect which is not apparent on the
reasonable examination of the good.
Mr. M.R.M.Nowfeek 14
15. 6. Goods shall correspond with sample – Section
16
• In a contract for sale by sample there is an implied condition that ,
• a)The bulk shall correspond with the sample in quality- ESS Ruben ltd
Vs.Fair Brothers
• b)The buyer shall have a reasonable opportunity of comparing the
bulk with the sample
Mr. M.R.M.Nowfeek 15
16. Implied Warranties contained in Sales of Goods
Ord.
• 1. The buyer shall have right to enjoy quiet possession of the
goods, therefore if somebody oppose to his possession he can file an
action -Section 13 (b)
• 2. The goods shall be free from any charge or encumbrance in
favor of any third party
Mr. M.R.M.Nowfeek 16
17. Unfair Contract Terms Act No.26 of 1997
• According to this act any exemption clause purporting to exclude or
restrict liability arising from sections 13, 14, 15, and 16 of the Sale of
Goods Ordinance is void and of no effect as against a person dealing
as a consumer. But such exemption clause shall have effect against a
person who is not a consumer. This means if the buyer is a consumer
and not a trader then the implied conditions found in the Sale of
Goods Ordinance cannot be excluded from the contract even though
the buyer and seller expressly agree to avoid them.
Mr. M.R.M.Nowfeek 17
18. Rights of a Seller and a Buyer
• Rights of an unpaid Seller
• Who is an unpaid seller?
• An unpaid seller means a person to whom the whole price has not
been paid or tendered or who has been paid by means of a bill of
exchange c which is subsequently
Mr. M.R.M.Nowfeek 18
19. Rights over the goods
• I . Power of Lien –S 40
• Lien means the right to keep the goods as security for his payment. The
• right of lien is available only to an unpaid seller who is in possession of
• the goods. The exercise of the lien would permit the unpaid seller to
• retain possession until payment or tender of the price. Also Lien can be exercised
when the possession of goods is with the agent of the seller.
According to S.40 a lien over the goods is available where-
(i) The goods have been sold without any stipulation as to credit
(ii) The goods have been sold on credit but the term of credit has expired; and
(iii) The buyer has become insolvent
• The power of lien has loss in the following instances
• a. When he delivers the goods to a carrier or the purpose of transmission to the
buyer without reserving the right of disposal of the goods.
• b. When the buyer or his agent lawfully obtains possession of the goods .
• c. By waiving of right of lien.
Mr. M.R.M.Nowfeek 19
20. Right of stoppage in transitive
• If the seller is unpaid, he is entitled to resume possession of the goods if they are
still in transit and may retain the same until payment or tender of the price.
• This remedy is available to an unpaid seller who has parted with the possession
of the goods but the goods are still in transit and have not yet reached the buyer.
However it must be noted that this remedy is available only if, the buyer has
become insolvent
• According to S.44 (1) goods would be deemed to be in the course of transit from
the time when they are delivered to a carrier by land or water or other bailee for
the purpose of transmission to the buyer until the buyer or the buyer's agent
takes delivery of them from the carrier or other bailee. If however the buyer or
his agent obtains delivery before the goods arrive at the appointed destination
the transit would end.
• According to section 43 three conditions have to be satisfied before the seller
exercises his right of stoppage in transitu
• (a) The seller must be unpaid
• (b) The buyer must be insolvent
• (c) The goods must be in course of transit
Mr. M.R.M.Nowfeek 20
21. iii.Right of Resale
• According to S.47 the unpaid seller is entitled to re sell the goods to
an outsider, in the following circumstances
• (i) If the goods are of a perishable nature; or
• (ii) Where the seller has given notice to the buyer of his intention to
re sell and even after such notice if the buyer does not pay within a
reasonable time.
• (iii) The seller has expressly reserved the right to re sell in the original
contract of sale if he is not paid.
Mr. M.R.M.Nowfeek 21
22. 2. Rights against the buyer
i. Action for the price – S.48
ii. Action for damages for non-acceptance –S.49
Rights of the buyer who did not received the goods
i. Damages for non-delivery -S. 50
ii. Decree of specific performance -S 51
iii. Remedy for breach of warranty -S 52
Mr. M.R.M.Nowfeek 22