Sale of Goods Act, 1930 : CA Foundation Note
A contract of sale of goods is a contract in which the seller transfers or agrees to transfer the seller’s property in goods to the buyer for a price. An agreement to sell becomes a sale when the time limit for transferring the property in the goods expires or the conditions for transferring the property in the goods are met.
The Sale of Goods Act, 1930 governs the contracts concerning the sale of products. It applies everywhere in India except the State of Jammu & Kashmir. The purchasable contract of goods is subject to the overall principles of the law concerning contracts. This contract has, however, certain peculiar features like transfer of ownership of the products, delivery of products rights and duties of the customer and seller, remedies for breach of contract, conditions and warranties implied under a contract purchasable of products, etc. These peculiarities are the main objective of the provisions of the Sale of Goods Act, 1930.
Explain the formation of the contract of sale.
A contract of goods is a contract of sale between one owner and another.
A selling contract might be unconditional or conditional.
Sale and agreement to sell: when under a contract of sale, the property within the goods is transferred from the vendor to the customer, the contract is named a ‘sale’, but where the transfer of the property within the goods is to require place at a future time or subject to some conditions thereafter to be fulfilled, the contract is named an ‘agreement to sell’. An agreement to sell becomes a purchase when time elapses or the conditions, subject to which the property within the goods is to be transferred, are fulfilled.
What are the fundamental components of a sales contract?
- The presence of two parties, namely a buyer and a seller, is required to affect a sale contract, and both parties must be competent to contract. A ‘buyer is someone who buys or agrees to buy something. A person who sells or agrees to sell products is referred to as a seller.
- Products: There must be some goods whose ownership is or will be transferred from the vendor to the customer throughout the transaction. The products that are the subject of the sale contract must be moveable. The Sale of Products Act does not control the transfer of immovable property.
- Price: Price is a crucial component of all sales transactions; without the value or consideration, the transfer isn’t deemed a purchase. A monetary consideration must be paid for the transfer by way of sale. It has long been assumed that pricing equals money. The value is frequently paid in full or partially in cash, with the remainder guaranteed to be paid in the future. The worth are often fixed by the agreement between the parties before the conveyance of the property
- Transfer of general property: There must be a transfer of general property in products from the vendor to the client, as opposed to special property. If A possesses some items, for example, he has general property in the goods. If he pledges them to B, B receives unique rights to the items.
- Necessary elements of a legal contract: The contract of sale must have all of the essential elements of a legal contract.
What are the effects of the destruction of goods?
Goods perishing before making of contract (Sec 7): A contract for the sale of specific goods is void if at the time when the contract was made, the products have, without the knowledge of the seller, perished. The same would be the case where the products become so damaged as to not answer to their description within the contract.
Goods perishing after the agreement to sell but before the sale are affected (Sec.8): An agreement to sell specific goods becomes void if subsequently the products perish or become so damaged in a way that their description within the agreement does not match their present status.
A contract for the sale of the immovable property could also be a contract lying down that the ‘Sale’ of such property shall happen on the terms settled between the parties within the said contract. Such contract purchasable doesn’t create any interest in or charge on such immovable property. The contract purchasable doesn’t end in any transfer of ownership. However, a sort of obligation is formed in respect of the ownership of the property.
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Explain breach of contract under sale of goods, 1930.
Sale of products Act 1930 was introduced with the target of balancing the rights, duties, claims, and expectations arising within the process of transferring of property from one person to a different i.e. of buyers and sellers. The way of formation of a contract for the purchase of products, its prerequisite, conditions, etc all is mentioned during this Act. But what happens when after agreeing to buy/sell some goods buyer/seller refuses at the last moment or doesn’t deliver the great or doesn’t accept the products or to place it simply doesn’t do the agreed task. This is a situation of breach of contract. When a party to a contract renounces his responsibilities there under or makes it impossible for him to perform his obligations due to his own actions, it is considered a breach of contract. The breach is of two types i.e. constructive breach and Present Breach but regardless of the sort whenever the breach of contract occurs it violates the rights of the parties of the contract. Therefore the Sale of Goods Act, 1930 has the provisions to make sure the rights of buyers and sellers are protected at the least cost. Thus, the aim of this paper is to review the Sales of Goods Act and identify various ways through which a breach can be checked and the remedies which the buyers and sellers can have in order to make them conscious of their rights and to protect them.
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