Difference between Sale & Agreement to Sell (Contract of Sale and Agreement t...EHSAN KHAN
Sale
A sale is a type of contract in which the seller transfers the ownership of goods to the buyer for a money consideration. Here the relationship amidst the seller and buyer is of creditor and debtor. It is the result of an agreement to sell when the conditions are fulfilled and the specified time is over.
Agreement to Sell
An agreement to sell is also a contract of sale of goods, in which the seller agrees to transfer goods to the buyer for a price at a later date or after the fulfilment of a condition.
When there is a willingness of the both the parties to constitute a sale i.e. the buyer agrees to buy, and the seller is ready to sell the goods for monetary value. In an agreement to sell the performance of the contract is done at a future date, i.e. when the time elapses or when the necessary conditions are satisfied. After the contract is executed, it becomes a valid sale. All the necessary conditions required at the time of sale should exist in the case of an agreement to sell too.
If the seller rescinds the contract, then the buyer can claim damages for the breach of contract. On the other hand, the unpaid seller can also sue the buyer for damages.
Business Law unit-3 - sale of goods act 1930 and Consumer Protection Act 1986Balasri Kamarapu
Business Law unit-3 - sale of goods act 1930 and Consumer Protection Act 1986.
SALE OF GOODS ACT 1930
Contract of Sale: Essentials of Valid Sale - Sale and Agreement to Sell – Definition and Types of Goods - Conditions and Warranties - Caveat Emptor - Exceptions - Transfer or Passing of Property: Time When Property Passes, Rules of Transfer of Property, Transfer of Ownership - Sale by Non-Owners and its Exceptions - Unpaid Seller - Rights of Unpaid Seller.
Consumer Protection Act 1986: Definitions of Consumer – Person – Goods - Service –Consumer Dispute - Unfair Trade Practice - Restrictive Trade Practice – Defect - Deficiency – Consumer Protection Councils - Consumer Dispute Redressal Agencies - District Forum – State Commission and National Commission - Procedure to Lodge a Complaint for Redressal – Appeals.
Business Law unit- 3 - Sale of Goods Act
The Sale of Goods Act, 1930, Features of Contact of Sale of Goods, Rules for Transfer of Property in Goods, Rules for Delivery of Goods, Rules of Payment of Price, Conditions and Warranties, Sale by Non-Owners, Rules for Auction Sales,
Difference between Sale & Agreement to Sell (Contract of Sale and Agreement t...EHSAN KHAN
Sale
A sale is a type of contract in which the seller transfers the ownership of goods to the buyer for a money consideration. Here the relationship amidst the seller and buyer is of creditor and debtor. It is the result of an agreement to sell when the conditions are fulfilled and the specified time is over.
Agreement to Sell
An agreement to sell is also a contract of sale of goods, in which the seller agrees to transfer goods to the buyer for a price at a later date or after the fulfilment of a condition.
When there is a willingness of the both the parties to constitute a sale i.e. the buyer agrees to buy, and the seller is ready to sell the goods for monetary value. In an agreement to sell the performance of the contract is done at a future date, i.e. when the time elapses or when the necessary conditions are satisfied. After the contract is executed, it becomes a valid sale. All the necessary conditions required at the time of sale should exist in the case of an agreement to sell too.
If the seller rescinds the contract, then the buyer can claim damages for the breach of contract. On the other hand, the unpaid seller can also sue the buyer for damages.
Business Law unit-3 - sale of goods act 1930 and Consumer Protection Act 1986Balasri Kamarapu
Business Law unit-3 - sale of goods act 1930 and Consumer Protection Act 1986.
SALE OF GOODS ACT 1930
Contract of Sale: Essentials of Valid Sale - Sale and Agreement to Sell – Definition and Types of Goods - Conditions and Warranties - Caveat Emptor - Exceptions - Transfer or Passing of Property: Time When Property Passes, Rules of Transfer of Property, Transfer of Ownership - Sale by Non-Owners and its Exceptions - Unpaid Seller - Rights of Unpaid Seller.
Consumer Protection Act 1986: Definitions of Consumer – Person – Goods - Service –Consumer Dispute - Unfair Trade Practice - Restrictive Trade Practice – Defect - Deficiency – Consumer Protection Councils - Consumer Dispute Redressal Agencies - District Forum – State Commission and National Commission - Procedure to Lodge a Complaint for Redressal – Appeals.
Business Law unit- 3 - Sale of Goods Act
The Sale of Goods Act, 1930, Features of Contact of Sale of Goods, Rules for Transfer of Property in Goods, Rules for Delivery of Goods, Rules of Payment of Price, Conditions and Warranties, Sale by Non-Owners, Rules for Auction Sales,
This presentation is made by Toran Lal Verma. The presentation deals with performance of contract under sale of goods act, 1930. Rights and Duties of Unpaid seller is also dicussed in detail.
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Enterprise excellence and inclusive excellence are closely linked, and real-world challenges have shown that both are essential to the success of any organization. To achieve enterprise excellence, organizations must focus on improving their operations and processes while creating an inclusive environment that engages everyone. In this interactive session, the facilitator will highlight commonly established business practices and how they limit our ability to engage everyone every day. More importantly, though, participants will likely gain increased awareness of what we can do differently to maximize enterprise excellence through deliberate inclusion.
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Enterprise Excellence is a holistic approach that's aimed at achieving world-class performance across all aspects of the organization.
What might I learn?
A way to engage all in creating Inclusive Excellence. Lessons from the US military and their parallels to the story of Harry Potter. How belt systems and CI teams can destroy inclusive practices. How leadership language invites people to the party. There are three things leaders can do to engage everyone every day: maximizing psychological safety to create environments where folks learn, contribute, and challenge the status quo.
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Dr. William Harvey is a seasoned Operations Leader with extensive experience in chemical processing, manufacturing, and operations management. At Michelman, he currently oversees multiple sites, leading teams in strategic planning and coaching/practicing continuous improvement. William is set to start his eighth year of teaching at the University of Cincinnati where he teaches marketing, finance, and management. William holds various certifications in change management, quality, leadership, operational excellence, team building, and DiSC, among others.
Putting the SPARK into Virtual Training.pptxCynthia Clay
This 60-minute webinar, sponsored by Adobe, was delivered for the Training Mag Network. It explored the five elements of SPARK: Storytelling, Purpose, Action, Relationships, and Kudos. Knowing how to tell a well-structured story is key to building long-term memory. Stating a clear purpose that doesn't take away from the discovery learning process is critical. Ensuring that people move from theory to practical application is imperative. Creating strong social learning is the key to commitment and engagement. Validating and affirming participants' comments is the way to create a positive learning environment.
What is the TDS Return Filing Due Date for FY 2024-25.pdfseoforlegalpillers
It is crucial for the taxpayers to understand about the TDS Return Filing Due Date, so that they can fulfill your TDS obligations efficiently. Taxpayers can avoid penalties by sticking to the deadlines and by accurate filing of TDS. Timely filing of TDS will make sure about the availability of tax credits. You can also seek the professional guidance of experts like Legal Pillers for timely filing of the TDS Return.
Cracking the Workplace Discipline Code Main.pptxWorkforce Group
Cultivating and maintaining discipline within teams is a critical differentiator for successful organisations.
Forward-thinking leaders and business managers understand the impact that discipline has on organisational success. A disciplined workforce operates with clarity, focus, and a shared understanding of expectations, ultimately driving better results, optimising productivity, and facilitating seamless collaboration.
Although discipline is not a one-size-fits-all approach, it can help create a work environment that encourages personal growth and accountability rather than solely relying on punitive measures.
In this deck, you will learn the significance of workplace discipline for organisational success. You’ll also learn
• Four (4) workplace discipline methods you should consider
• The best and most practical approach to implementing workplace discipline.
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2. • Seller & buyer are the two parties to a
contract of sale.
• The duty of seller is to deliver the goods &
the duty of the buyer is to accept the
goods & pay for them.
3. ‘Delivery’ means voluntary transfer of
possession from one person to another.
The basic elements of delivery are:
•
1. Two parties.
2. Person possess the goods.
3. He transfer possession to other.
4. It is a voluntary act of him.
4. • Physical or actual delivery: When the
seller transfers the possession of the
goods to the buyer or to a person
authorized to hold them on his behalf.
• Symbolic delivery – Where actual delivery
is not possible. Only the control over the
goods is transferred. Handing over the
keys of godown or warehouse.
5. 1. Constructive delivery – It takes place in
following cases:
2. Where the seller agrees to hold the
goods as bailee for the buyer after sale.
3. Where the warehouseman or carrier
holds the goods as bailee for the seller.
6. • Mode of delivery – the delivery may take
place by any of the three modes: actual,
symbolic, constructive delivery. The
delivery means passing of possession to
make the buyer the real owner of goods.
• Delivery & payment are concurrent – The
delivery & payment of price are concurrent
conditions unless the parties agree
otherwise.
7. • Effect of part delivery – If the intention of
the seller is to deliver the goods in parts &
to perform the whole contract then part
delivery is valid delivery.
But if goods are delivered in parts & the
seller is not intending to contract fully then
there is breach of contract.
• Buyer to apply for delivery – Unless there
is a contract to the contrary then buyer
must apply for delivery. It will always be
the buyer who will apply for delivery of
goods. But, if it is mentioned in contract
8. That seller will deliver goods then seller
have to do so without applying of buyer.
• Place of delivery – At the place agreed
upon by the parties at the time of contract.
Where the place has not been decided,
they are to be delivered at a place at
which they are at the time of sale.
• Time of delivery – within reasonable time.
• Expenses of delivery – are to be borne by
seller unless there is a contract to
contrary.
9. 1. Delivery of wrong quantity: The seller
delivers the wrong quantity to the buyer
in following cases:
2. A quantity less than contracted ( buyer
may reject the goods)
3. A quantity larger than contracted ( buyer
may accept the goods under contract &
reject the rest ), may reject the whole.
4. Goods ordered mixed with goods of
different description. ( may accept or
may reject )
10. • Installment deliveries : The buyer is not
bound to accept the installment deliveries
of the goods unless there is a contract to
the contrary.
• Delivery to carrier: operates as delivery to
buyer.
• Examining the goods on delivery – buyer
must get the opportunity to examine the
goods.
• Acceptance of goods by buyer – the buyer
can accept & take the delivery of goods
but has no right to reject the goods after
acceptance.
11. • Not to return the rejected goods – When
the buyer reject the goods as not being
according to the contract. He is not bound
to return the rejected goods. He is just
required to give a clear notice of rejection
of goods to the seller.
• Liability of buyer for refusing delivery of
goods – If without any reason buyer
refuses to take delivery then he is
responsible.
12. • Delivery
• Reject
• Repudiate
• Notice of insurance
• Examine
• Against seller for breach- suit for
damages, suit for price, suit for specific
performance, suit for interest
13. • To accept and pay for possession
• Apply for delivery
• Reasonable time
• Accept installment delivery
• Intimate seller for rejection
• Pay price
• Pay damages for non acceptance