Where there is an unconditional contract for the sale of specific good...
Unconditional Contract for Sale of Specific Goods
When there is an unconditional contract for the sale of specific goods in a deliverable state, the property in the goods passes to the buyer when the contract is made. This means that the buyer becomes the owner of the goods as soon as the contract is formed, regardless of when the goods are actually delivered or paid for.
Explanation
An unconditional contract is a contract where the terms are fixed and definite, and there are no conditions or contingencies attached. A contract for the sale of specific goods means that the goods are identified and agreed upon by both parties. The goods must also be in a deliverable state, meaning that they are ready to be delivered to the buyer.
According to Section 19(1) of the Sale of Goods Act, 1930, where there is a contract for the sale of specific goods in a deliverable state, the property in the goods passes to the buyer when the contract is made, even if the time of payment or delivery is postponed. This means that the risk of loss or damage to the goods also passes to the buyer at the time of the contract.
For example, if A agrees to sell his car to B for Rs. 2 lakh and the contract is unconditional, the property in the car will pass to B as soon as the contract is made, even if A has not yet delivered the car to B or received the payment.
Conclusion
In conclusion, an unconditional contract for the sale of specific goods in a deliverable state transfers the property in the goods from the seller to the buyer at the time the contract is made. This means that the buyer becomes the owner of the goods and assumes the risk of loss or damage to the goods from that point onwards.
Where there is an unconditional contract for the sale of specific good...
This is because the goods are in a deliverable state and the buyer has not put any conditions on how the goods should be delivered so when the contract is made the property of goods is transferred to the buyer. example : when u order a laptop and ask for home delivery and seller agrees, the laptop becomes the buyer's property
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