Scope of the Act
Applicability
of the Art Non Applicability
of the Ast
Provision Provision
of this at of this act are
are applicable to contrast not applicable to contracts
related to related to
Sale
of Immovable
of Property
properties line
Land
only
House
Shopetc
General provisions
of Indian Expression terms not defined
Contrast art 1872 shall apply when in Sale of Goods Ait butdefined
Provision
of sales of Goods Act in Indian Contract Act
are inconsistent with provisions
the meanings of Indian
of Indian Contract Act
Contract art shall apply
Definitions Under the Act
Buyer and Seller
Buyer Seller
Buyer Means a person who Seller Means a
person who
buys or Agreesto buy Goods Sells or Agrees to sell Goods
Goods Section2171
Goods Means
every
kind of Movable
property other then
Actionable
Claims
Money
Goods Includes Stock and Shares
Growing Crops
Grass and things attached to or forming
part ofland
which are Agreed to be served before sale or
Under the Contract
of
Sale
Goods Include both Stora and shares
d
Goods like steam f Considered to
Goodwill Copyright water be Goods
Patent Trademark etc
Electricity
section 176Readwith
Section 2 7
Fixed deposit Receipts FDR
What are
Are Considered Goods
Actionable
Claims
Actionable Claims Are Claims which
can be enforced only by Action
Or
Suit
Example Debt
A debt is not Movable Property or
Goods
Goods
Classification Of
Goods Can be three
of types
Goods Future Goods Contingent Goods
Existing
Existing Goods Seirion 6
Existing
Goods are such Goods as are existence at
the time of Contract
of sale
that is by the
Owned
Possessed Seller at the
Acquired time of
Contract
ofSale
Goods
Classification
of Existing
a Specific b Ascertained c Unascertained
Goods Goods Goods
a Specific Goods
Specific Goods Means Goods
identified and Agreed upon
at the time a Contract
of sale is Made
Example Decided Goods
are iphone 11
Pro Max
Finally
Whirlpool Machine of Thys etc
Washing
From Pre Owned Can Showroom
among 5
Cans
of
different Model Stephie agreed to buy
Santa Car and seller to sell this
agreed
here the Car is Identified
b Ascertained Goods
Ascertained Goods
are those Goods which are Identified
in accordance with the Agreement
Contract
after the of sale
is Made
This term is not defined in the act but has beenjudicially
Interpreted
When from a lot e outof
large Quantity
of
Unascentained
In Actual Practice the
Goods term Ascertained Goods is
the Number Quantity Used in same sense as
Contracted Specific Goods
for is Identified
Such Identified Goods
are called ascertained Goods
Example A wholesaler of Cotton has 100 bales in his Godown
He Agrees to sale 50 bales and these bales were selected
and Set Aside On Selection the Goods becomes Ascertained
c Unascertained Goods
Unascertained Goods are those Goods which are
not specifically Identified or at the time of
Making the
Ascertained Contract
They are Indicated or defined only by
Description OR Sample
Example Of A agrees to sell to B one packetof
of lot
100 Packets
salt out oflying in his shop it
is a sale of Unascertained Goods because it is not
packet is to be
known which delivered
As soon as a particular packet is separated from the lot
it becomes Ascertained
or Specific Goods
Promises
Example Nancy has ten Horses She to sell
of them but
does not house
one specify which
she will sell It is a Contract of sale of
Unascertained Goods
FutureGoods Sertion
26
Goods to be Manufactured Produced
Future Goods Means OR
Acquired
by seller after Making
Contract
of sale
A Contract of sale of future It is never Actual sale
Goods because a person Cannot
is always an Agreement
to See transfer what is not in
existence
Example Tanmay Agreed to sell all the Oranges
which will be produced in his Garden this
year It is a Contract
of sale of future
Goods
amounting to
An Agreement to sell
Contingent Goods
The
of which by seller
Acquisition depends
upon an Uncertain Contingency Uncertain Event are called
Contingent Goods
Contingent Goods also operate as An Agreementto sell
and not a sale
the
so
far as question of passing
property to the buyer is concerned
In other Words like the future Goods in thecase of
Contingent Goods also
the property does not pass to buyer
at the time of Making theContract
Delivery
How to Make
Delivery
Meaning Delivery
Of
Delivery of Goods May be Made
by
Means Voluntary
Delivery has theeffect
Doing anything which
Possession
transfer of of putting the Goods
in possessionof
from one Person to Bayer
AnyPerson authorised
tohold
another them
Forms of Delivery
v
Actual Contractive Symbollie
Delivery
Delivery Delivery
Actual Delivery
When the Goods are delivered to the buyer
physically
Actual deliver takes place when the sellers transfers
physical
Possession
of Goods to buyer
to a third person authorised
to hold Goods on behalf
of the buyer
This is most Common Method
of delivery
Constructive
Delivery
When it is effected without any change in
Actual Possession
as
Custody of thing
in Case
of
Attorment Acknowledgeme
Delivery of
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buyer that he holds the Goods on
Teasdale
of A
Goods
Example Where a Warehouseman holding the
agrees to hold them on behalf of B
at A's Request
Symbolic Delivery
When there is delivery of thing
in token of a transfer of
something Else
Delivery of Goods in course
of transit May be Made
by handing over documents
of title to Goods like
Bill of lading
Railway Receipt is handed over
Delivery Order or to buyer
Warehouse
Key ofa
Containing the Goods
When Actual delivery is not Possible
there May be Delivery of
Means of Getting Possession
of
Goods
Section 263
Example Where A
When are Goods in Deliverablestate Contracts to sell timber
and Make bundels thereof
Goods are said to be in Deliverable
state when they are in such a the Goods will be
condition that the buyer would in deliverable state
after A
under the Contract has put the
be bound to take Goods in such a
them Condition
delivery of
Mercantile Agent Section
219
It Means an Agent who in the customary
course
of business has
the
authority either to sell the Goods for
to Consign Goods Purpose of
V V V
SaleGoods Buy Goods Raise Money
On Security
of Goods
Property Section 2111
Ownership
Property here Means OR
General Property
General Property
In Every
Property the
in Goods Means
Contract of Sale
General Property
ie all ownership Right of ownership of Goods Must there should be an
the Goods
be transferred by seller to Agreement
by Seller to
buyer transfer Ownership to buyer
Property Means General Property and not Mere special Property