0% found this document useful (0 votes)
167 views31 pages

Soga Unit 1

sales of goods act

Uploaded by

Niraj Rawat
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
0% found this document useful (0 votes)
167 views31 pages

Soga Unit 1

sales of goods act

Uploaded by

Niraj Rawat
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd

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
Sharma 3

Gustave DeLong replace Wenderson inpossession

prods seledndwdgestoddchinta
ftp.go
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

You might also like