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Directions: Read the following passage and answer the question.
Section 4 of the Sale of Goods Act, 1930 specifically deals with sale and agreement to sell. It expresses that, firstly, an agreement to sell products is an agreement whereby the merchant moves or consents to move the property in merchandise to the purchaser at a cost. There might be an agreement of offer between one section proprietor and another. Secondly, an agreement to sell might be total or restrictive. Thirdly, where under an agreement to sell, the property in the merchandise is moved from the seller to the buyer, the agreement is known as a sale, yet where the exchange of the property in the products is to happen at a future time or subject to some condition from that point to be satisfied, the agreement is called an agreement to sell. Lastly, an agreement to sell turns into a sale when the time slips by or the conditions are satisfied depending upon which the property in the merchandise is to be moved.
Section 4(1) defines sale as a contract, whereby the seller transfers or agrees to transfer the property in goods to the buyer for a price or consideration. Thus, it happens in the present.
Such an event of sale is fixed, conditional and binding upon both the parties. A contract of sale is made by an idea to purchase or sell merchandise at a cost and the affirmation of such an offer. The existing goods mostly form the subject of the contract of sale. However, the goods could also be owned or possessed by the seller of future goods.
Title is an important condition precedent to the sale. If it is not with the seller, then the sale will not be valid unless the condition stipulated is with respect to future goods but will be only an agreement to sale. In such a condition, the seller will be liable to compensate for any loss to the buyer.
An agreement to sell can be defined as the transfer of property in goods that is to take place in future time or the transfer might take place depending on the fulfillment of certain conditions. The same had been defined in Section 4(3). An agreement to sell also becomes a sale when the given time elapses or the conditions that are needed for the transfer to happen get fulfilled. Thus, an agreement to sell establishes the terms and conditions of the offer of a property by the seller to the buyer.
[Extracted with edits and revisions from Sale and Agreement to Sell: An Analysis of Statutory Provisions, blog by ipleaders]
Q. Ganesh did not have physical possession of the headphones at the time of the agreement when he agreed to sell them to Anmol. However, he committed to delivering them within two months. Within the specified two-month period, Ganesh received the headphones and handed them over to Anmol, who rejected the delivery, asserting that it was not a valid sale because Ganesh did not possess the headphones at the time of the agreement. Is this sale legally valid?
  • a)
    Yes, the sale is valid because Ganesh had possession of the future goods at the time of the agreement.
  • b)
    Yes, the sale is valid because Ganesh had possession of the headphones at the time of the transfer.
  • c)
    No, the sale is not valid because Ganesh did not have possession of the headphones when entering into the agreement.
  • d)
    No, it constitutes misrepresentation as Ganesh never possessed the product he intended to sell.
Correct answer is option 'A'. Can you explain this answer?
Most Upvoted Answer
Directions: Read the following passage and answer the question.Section...
The validity of this sale hinges on whether Ganesh's possession of the headphones at the time of the agreement was necessary. As per the Sale of Goods Act, the sale of future goods can be legally valid even if the seller does not have physical possession of the goods at the time of the agreement. Goods do not always need to exist during the agreement; they can become part of a sale later, provided the agreed-upon conditions are met. Therefore, the correct answer is that the sale is valid because Ganesh had possession of the future goods at the time of the agreement.
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Directions: Read the following passage and answer the question.Section 4 of the Sale of Goods Act, 1930 specifically deals with sale and agreement to sell. It expresses that, firstly, an agreement to sell products is an agreement whereby the merchant moves or consents to move the property in merchandise to the purchaser at a cost. There might be an agreement of offer between one section proprietor and another. Secondly, an agreement to sell might be total or restrictive. Thirdly, where under an agreement to sell, the property in the merchandise is moved from the seller to the buyer, the agreement is known as a sale, yet where the exchange of the property in the products is to happen at a future time or subject to some condition from that point to be satisfied, the agreement is called an agreement to sell. Lastly, an agreement to sell turns into a sale when the time slips by or the conditions are satisfied depending upon which the property in the merchandise is to be moved.Section 4(1) defines sale as a contract, whereby the seller transfers or agrees to transfer the property in goods to the buyer for a price or consideration. Thus, it happens in the present.Such an event of sale is fixed, conditional and binding upon both the parties. A contract of sale is made by an idea to purchase or sell merchandise at a cost and the affirmation of such an offer. The existing goods mostly form the subject of the contract of sale. However, the goods could also be owned or possessed by the seller of future goods.Title is an important condition precedent to the sale. If it is not with the seller, then the sale will not be valid unless the condition stipulated is with respect to future goods but will be only an agreement to sale. In such a condition, the seller will be liable to compensate for any loss to the buyer.An agreement to sell can be defined as the transfer of property in goods that is to take place in future time or the transfer might take place depending on the fulfillment of certain conditions. The same had been defined in Section 4(3). An agreement to sell also becomes a sale when the given time elapses or the conditions that are needed for the transfer to happen get fulfilled. Thus, an agreement to sell establishes the terms and conditions of the offer of a property by the seller to the buyer.[Extracted with edits and revisions from Sale and Agreement to Sell: An Analysis of Statutory Provisions, blog by ipleaders]Q.Rowland purchased a second-hand motor vehicle from Divall and used it for a period of four months. However, Divall did not have legal ownership of the car, and as a result, Rowland had to return it to the actual owner. Rowland decided to take legal action to recover the full purchase price he had paid to Divall. Will Rowlands legal claim be successful?

Directions: Read the following passage and answer the question.Section 4 of the Sale of Goods Act, 1930 specifically deals with sale and agreement to sell. It expresses that, firstly, an agreement to sell products is an agreement whereby the merchant moves or consents to move the property in merchandise to the purchaser at a cost. There might be an agreement of offer between one section proprietor and another. Secondly, an agreement to sell might be total or restrictive. Thirdly, where under an agreement to sell, the property in the merchandise is moved from the seller to the buyer, the agreement is known as a sale, yet where the exchange of the property in the products is to happen at a future time or subject to some condition from that point to be satisfied, the agreement is called an agreement to sell. Lastly, an agreement to sell turns into a sale when the time slips by or the conditions are satisfied depending upon which the property in the merchandise is to be moved.Section 4(1) defines sale as a contract, whereby the seller transfers or agrees to transfer the property in goods to the buyer for a price or consideration. Thus, it happens in the present.Such an event of sale is fixed, conditional and binding upon both the parties. A contract of sale is made by an idea to purchase or sell merchandise at a cost and the affirmation of such an offer. The existing goods mostly form the subject of the contract of sale. However, the goods could also be owned or possessed by the seller of future goods.Title is an important condition precedent to the sale. If it is not with the seller, then the sale will not be valid unless the condition stipulated is with respect to future goods but will be only an agreement to sale. In such a condition, the seller will be liable to compensate for any loss to the buyer.An agreement to sell can be defined as the transfer of property in goods that is to take place in future time or the transfer might take place depending on the fulfillment of certain conditions. The same had been defined in Section 4(3). An agreement to sell also becomes a sale when the given time elapses or the conditions that are needed for the transfer to happen get fulfilled. Thus, an agreement to sell establishes the terms and conditions of the offer of a property by the seller to the buyer.[Extracted with edits and revisions from Sale and Agreement to Sell: An Analysis of Statutory Provisions, blog by ipleaders]Q.Jackson proposes to sell his bicycle to Michael for an agreed consideration of Rs. 50,000, with the understanding that the sale will take effect after a three-month period from the agreement date, which is November 1, 2019. Michael paid the agreed amount for the bicycle and acquired possession of it on February 2, 2020, asserting ownership through the sale. Is this sale legally valid?

Directions: Read the following passage and answer the question.Section 4 of the Sale of Goods Act, 1930 specifically deals with sale and agreement to sell. It expresses that, firstly, an agreement to sell products is an agreement whereby the merchant moves or consents to move the property in merchandise to the purchaser at a cost. There might be an agreement of offer between one section proprietor and another. Secondly, an agreement to sell might be total or restrictive. Thirdly, where under an agreement to sell, the property in the merchandise is moved from the seller to the buyer, the agreement is known as a sale, yet where the exchange of the property in the products is to happen at a future time or subject to some condition from that point to be satisfied, the agreement is called an agreement to sell. Lastly, an agreement to sell turns into a sale when the time slips by or the conditions are satisfied depending upon which the property in the merchandise is to be moved.Section 4(1) defines sale as a contract, whereby the seller transfers or agrees to transfer the property in goods to the buyer for a price or consideration. Thus, it happens in the present.Such an event of sale is fixed, conditional and binding upon both the parties. A contract of sale is made by an idea to purchase or sell merchandise at a cost and the affirmation of such an offer. The existing goods mostly form the subject of the contract of sale. However, the goods could also be owned or possessed by the seller of future goods.Title is an important condition precedent to the sale. If it is not with the seller, then the sale will not be valid unless the condition stipulated is with respect to future goods but will be only an agreement to sale. In such a condition, the seller will be liable to compensate for any loss to the buyer.An agreement to sell can be defined as the transfer of property in goods that is to take place in future time or the transfer might take place depending on the fulfillment of certain conditions. The same had been defined in Section 4(3). An agreement to sell also becomes a sale when the given time elapses or the conditions that are needed for the transfer to happen get fulfilled. Thus, an agreement to sell establishes the terms and conditions of the offer of a property by the seller to the buyer.[Extracted with edits and revisions from Sale and Agreement to Sell: An Analysis of Statutory Provisions, blog by ipleaders]Q.Ram gave his watch to Shyam as a gift. Subsequently, Ram decided to reclaim it, asserting his ownership. Shyam disputed this, citing ownership through a sale. Is Shyams assertion valid?

Directions: Read the following passage and answer the question.Section 4 of the Sale of Goods Act, 1930 specifically deals with sale and agreement to sell. It expresses that, firstly, an agreement to sell products is an agreement whereby the merchant moves or consents to move the property in merchandise to the purchaser at a cost. There might be an agreement of offer between one section proprietor and another. Secondly, an agreement to sell might be total or restrictive. Thirdly, where under an agreement to sell, the property in the merchandise is moved from the seller to the buyer, the agreement is known as a sale, yet where the exchange of the property in the products is to happen at a future time or subject to some condition from that point to be satisfied, the agreement is called an agreement to sell. Lastly, an agreement to sell turns into a sale when the time slips by or the conditions are satisfied depending upon which the property in the merchandise is to be moved.Section 4(1) defines sale as a contract, whereby the seller transfers or agrees to transfer the property in goods to the buyer for a price or consideration. Thus, it happens in the present.Such an event of sale is fixed, conditional and binding upon both the parties. A contract of sale is made by an idea to purchase or sell merchandise at a cost and the affirmation of such an offer. The existing goods mostly form the subject of the contract of sale. However, the goods could also be owned or possessed by the seller of future goods.Title is an important condition precedent to the sale. If it is not with the seller, then the sale will not be valid unless the condition stipulated is with respect to future goods but will be only an agreement to sale. In such a condition, the seller will be liable to compensate for any loss to the buyer.An agreement to sell can be defined as the transfer of property in goods that is to take place in future time or the transfer might take place depending on the fulfillment of certain conditions. The same had been defined in Section 4(3). An agreement to sell also becomes a sale when the given time elapses or the conditions that are needed for the transfer to happen get fulfilled. Thus, an agreement to sell establishes the terms and conditions of the offer of a property by the seller to the buyer.[Extracted with edits and revisions from Sale and Agreement to Sell: An Analysis of Statutory Provisions, blog by ipleaders]Q.What is the key difference between a sale and an agreement to sell, as defined in Section 4 of the Sale of Goods Act?

Passage - 2The law of contract lays down the legal rules relating to promises: their formation, their performance, and their enforceability. Explaining the object of contract, Sir William Anson observes: “The law of contract is intended to ensure that what a man has led to expect shall come to pass; that what has been promised to him shall be performed.”The law relating to contract defines it as ‘An agreement which is enforceable by law is a Contract’. An agreement is a promise and a promise is an accepted proposal. Thus every agreement is made up of a proposal or offer from one side and its acceptance by the other. There must be a lawful offer and acceptance for the formation of an agreement. The adjective ‘lawful’ implies that the offer and acceptance must satisfy the requirements of the contract act in relation thereto.Another important essential of a contract is Intention to create a legal relationship. There must be a clear intention among the parties that the agreement should be attached by legal consequences and create a legal obligation. Lawful Consideration and competent parties are other important essential ingredients of contract.Free consent is one of the most important essential ingredients of a contract. Section 14 of the Act defined the term free consent as follows- “consent is said to be free when it is not caused by coercion, undue influence, fraud, misrepresentation or mistake.Contracts play a very important role in the day-to-day life of every person. Contracts or agreements between various parties are framed and validate by the Contract Act. So for the formation of a contract, the above-given conditions must be fulfilled by the parties.Q.Consideration is the value paid for the promise. Consideration must sufficient but not adequate. Kestle, a famous chocolate manufacturer came out with a promotional scheme for improving the sale of its chocolates. According to the scheme, any person would get a video game in exchange of six wrappers of Kestle chocolate bars. When Ronny found out about this offer, he got very excited. He finished six chocolate bars in one hour and went to the shop to exchange it for a video game. The shopkeeper was not aware of the scheme as there was no intimation from the Company. Ronny then filed a case against the Company on the ground of breach of contract and claimed the video game. Kestle Company asserted that there were not bound by the contract. Decide.

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Directions: Read the following passage and answer the question.Section 4 of the Sale of Goods Act, 1930 specifically deals with sale and agreement to sell. It expresses that, firstly, an agreement to sell products is an agreement whereby the merchant moves or consents to move the property in merchandise to the purchaser at a cost. There might be an agreement of offer between one section proprietor and another. Secondly, an agreement to sell might be total or restrictive. Thirdly, where under an agreement to sell, the property in the merchandise is moved from the seller to the buyer, the agreement is known as a sale, yet where the exchange of the property in the products is to happen at a future time or subject to some condition from that point to be satisfied, the agreement is called an agreement to sell. Lastly, an agreement to sell turns into a sale when the time slips by or the conditions are satisfied depending upon which the property in the merchandise is to be moved.Section 4(1) defines sale as a contract, whereby the seller transfers or agrees to transfer the property in goods to the buyer for a price or consideration. Thus, it happens in the present.Such an event of sale is fixed, conditional and binding upon both the parties. A contract of sale is made by an idea to purchase or sell merchandise at a cost and the affirmation of such an offer. The existing goods mostly form the subject of the contract of sale. However, the goods could also be owned or possessed by the seller of future goods.Title is an important condition precedent to the sale. If it is not with the seller, then the sale will not be valid unless the condition stipulated is with respect to future goods but will be only an agreement to sale. In such a condition, the seller will be liable to compensate for any loss to the buyer.An agreement to sell can be defined as the transfer of property in goods that is to take place in future time or the transfer might take place depending on the fulfillment of certain conditions. The same had been defined in Section 4(3). An agreement to sell also becomes a sale when the given time elapses or the conditions that are needed for the transfer to happen get fulfilled. Thus, an agreement to sell establishes the terms and conditions of the offer of a property by the seller to the buyer.[Extracted with edits and revisions from Sale and Agreement to Sell: An Analysis of Statutory Provisions, blog by ipleaders]Q.Ganesh did not have physical possession of the headphones at the time of the agreement when he agreed to sell them to Anmol. However, he committed to delivering them within two months. Within the specified two-month period, Ganesh received the headphones and handed them over to Anmol, who rejected the delivery, asserting that it was not a valid sale because Ganesh did not possess the headphones at the time of the agreement. Is this sale legally valid?a)Yes, the sale is valid because Ganesh had possession of the future goods at the time of the agreement.b)Yes, the sale is valid because Ganesh had possession of the headphones at the time of the transfer.c)No, the sale is not valid because Ganesh did not have possession of the headphones when entering into the agreement.d)No, it constitutes misrepresentation as Ganesh never possessed the product he intended to sell.Correct answer is option 'A'. Can you explain this answer?
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Directions: Read the following passage and answer the question.Section 4 of the Sale of Goods Act, 1930 specifically deals with sale and agreement to sell. It expresses that, firstly, an agreement to sell products is an agreement whereby the merchant moves or consents to move the property in merchandise to the purchaser at a cost. There might be an agreement of offer between one section proprietor and another. Secondly, an agreement to sell might be total or restrictive. Thirdly, where under an agreement to sell, the property in the merchandise is moved from the seller to the buyer, the agreement is known as a sale, yet where the exchange of the property in the products is to happen at a future time or subject to some condition from that point to be satisfied, the agreement is called an agreement to sell. Lastly, an agreement to sell turns into a sale when the time slips by or the conditions are satisfied depending upon which the property in the merchandise is to be moved.Section 4(1) defines sale as a contract, whereby the seller transfers or agrees to transfer the property in goods to the buyer for a price or consideration. Thus, it happens in the present.Such an event of sale is fixed, conditional and binding upon both the parties. A contract of sale is made by an idea to purchase or sell merchandise at a cost and the affirmation of such an offer. The existing goods mostly form the subject of the contract of sale. However, the goods could also be owned or possessed by the seller of future goods.Title is an important condition precedent to the sale. If it is not with the seller, then the sale will not be valid unless the condition stipulated is with respect to future goods but will be only an agreement to sale. In such a condition, the seller will be liable to compensate for any loss to the buyer.An agreement to sell can be defined as the transfer of property in goods that is to take place in future time or the transfer might take place depending on the fulfillment of certain conditions. The same had been defined in Section 4(3). An agreement to sell also becomes a sale when the given time elapses or the conditions that are needed for the transfer to happen get fulfilled. Thus, an agreement to sell establishes the terms and conditions of the offer of a property by the seller to the buyer.[Extracted with edits and revisions from Sale and Agreement to Sell: An Analysis of Statutory Provisions, blog by ipleaders]Q.Ganesh did not have physical possession of the headphones at the time of the agreement when he agreed to sell them to Anmol. However, he committed to delivering them within two months. Within the specified two-month period, Ganesh received the headphones and handed them over to Anmol, who rejected the delivery, asserting that it was not a valid sale because Ganesh did not possess the headphones at the time of the agreement. Is this sale legally valid?a)Yes, the sale is valid because Ganesh had possession of the future goods at the time of the agreement.b)Yes, the sale is valid because Ganesh had possession of the headphones at the time of the transfer.c)No, the sale is not valid because Ganesh did not have possession of the headphones when entering into the agreement.d)No, it constitutes misrepresentation as Ganesh never possessed the product he intended to sell.Correct answer is option 'A'. Can you explain this answer? for CLAT 2024 is part of CLAT preparation. The Question and answers have been prepared according to the CLAT exam syllabus. Information about Directions: Read the following passage and answer the question.Section 4 of the Sale of Goods Act, 1930 specifically deals with sale and agreement to sell. It expresses that, firstly, an agreement to sell products is an agreement whereby the merchant moves or consents to move the property in merchandise to the purchaser at a cost. There might be an agreement of offer between one section proprietor and another. Secondly, an agreement to sell might be total or restrictive. Thirdly, where under an agreement to sell, the property in the merchandise is moved from the seller to the buyer, the agreement is known as a sale, yet where the exchange of the property in the products is to happen at a future time or subject to some condition from that point to be satisfied, the agreement is called an agreement to sell. Lastly, an agreement to sell turns into a sale when the time slips by or the conditions are satisfied depending upon which the property in the merchandise is to be moved.Section 4(1) defines sale as a contract, whereby the seller transfers or agrees to transfer the property in goods to the buyer for a price or consideration. Thus, it happens in the present.Such an event of sale is fixed, conditional and binding upon both the parties. A contract of sale is made by an idea to purchase or sell merchandise at a cost and the affirmation of such an offer. The existing goods mostly form the subject of the contract of sale. However, the goods could also be owned or possessed by the seller of future goods.Title is an important condition precedent to the sale. If it is not with the seller, then the sale will not be valid unless the condition stipulated is with respect to future goods but will be only an agreement to sale. In such a condition, the seller will be liable to compensate for any loss to the buyer.An agreement to sell can be defined as the transfer of property in goods that is to take place in future time or the transfer might take place depending on the fulfillment of certain conditions. The same had been defined in Section 4(3). An agreement to sell also becomes a sale when the given time elapses or the conditions that are needed for the transfer to happen get fulfilled. Thus, an agreement to sell establishes the terms and conditions of the offer of a property by the seller to the buyer.[Extracted with edits and revisions from Sale and Agreement to Sell: An Analysis of Statutory Provisions, blog by ipleaders]Q.Ganesh did not have physical possession of the headphones at the time of the agreement when he agreed to sell them to Anmol. However, he committed to delivering them within two months. Within the specified two-month period, Ganesh received the headphones and handed them over to Anmol, who rejected the delivery, asserting that it was not a valid sale because Ganesh did not possess the headphones at the time of the agreement. Is this sale legally valid?a)Yes, the sale is valid because Ganesh had possession of the future goods at the time of the agreement.b)Yes, the sale is valid because Ganesh had possession of the headphones at the time of the transfer.c)No, the sale is not valid because Ganesh did not have possession of the headphones when entering into the agreement.d)No, it constitutes misrepresentation as Ganesh never possessed the product he intended to sell.Correct answer is option 'A'. Can you explain this answer? covers all topics & solutions for CLAT 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Directions: Read the following passage and answer the question.Section 4 of the Sale of Goods Act, 1930 specifically deals with sale and agreement to sell. It expresses that, firstly, an agreement to sell products is an agreement whereby the merchant moves or consents to move the property in merchandise to the purchaser at a cost. There might be an agreement of offer between one section proprietor and another. Secondly, an agreement to sell might be total or restrictive. Thirdly, where under an agreement to sell, the property in the merchandise is moved from the seller to the buyer, the agreement is known as a sale, yet where the exchange of the property in the products is to happen at a future time or subject to some condition from that point to be satisfied, the agreement is called an agreement to sell. Lastly, an agreement to sell turns into a sale when the time slips by or the conditions are satisfied depending upon which the property in the merchandise is to be moved.Section 4(1) defines sale as a contract, whereby the seller transfers or agrees to transfer the property in goods to the buyer for a price or consideration. Thus, it happens in the present.Such an event of sale is fixed, conditional and binding upon both the parties. A contract of sale is made by an idea to purchase or sell merchandise at a cost and the affirmation of such an offer. The existing goods mostly form the subject of the contract of sale. However, the goods could also be owned or possessed by the seller of future goods.Title is an important condition precedent to the sale. If it is not with the seller, then the sale will not be valid unless the condition stipulated is with respect to future goods but will be only an agreement to sale. In such a condition, the seller will be liable to compensate for any loss to the buyer.An agreement to sell can be defined as the transfer of property in goods that is to take place in future time or the transfer might take place depending on the fulfillment of certain conditions. The same had been defined in Section 4(3). An agreement to sell also becomes a sale when the given time elapses or the conditions that are needed for the transfer to happen get fulfilled. Thus, an agreement to sell establishes the terms and conditions of the offer of a property by the seller to the buyer.[Extracted with edits and revisions from Sale and Agreement to Sell: An Analysis of Statutory Provisions, blog by ipleaders]Q.Ganesh did not have physical possession of the headphones at the time of the agreement when he agreed to sell them to Anmol. However, he committed to delivering them within two months. Within the specified two-month period, Ganesh received the headphones and handed them over to Anmol, who rejected the delivery, asserting that it was not a valid sale because Ganesh did not possess the headphones at the time of the agreement. Is this sale legally valid?a)Yes, the sale is valid because Ganesh had possession of the future goods at the time of the agreement.b)Yes, the sale is valid because Ganesh had possession of the headphones at the time of the transfer.c)No, the sale is not valid because Ganesh did not have possession of the headphones when entering into the agreement.d)No, it constitutes misrepresentation as Ganesh never possessed the product he intended to sell.Correct answer is option 'A'. Can you explain this answer?.
Solutions for Directions: Read the following passage and answer the question.Section 4 of the Sale of Goods Act, 1930 specifically deals with sale and agreement to sell. It expresses that, firstly, an agreement to sell products is an agreement whereby the merchant moves or consents to move the property in merchandise to the purchaser at a cost. There might be an agreement of offer between one section proprietor and another. Secondly, an agreement to sell might be total or restrictive. Thirdly, where under an agreement to sell, the property in the merchandise is moved from the seller to the buyer, the agreement is known as a sale, yet where the exchange of the property in the products is to happen at a future time or subject to some condition from that point to be satisfied, the agreement is called an agreement to sell. Lastly, an agreement to sell turns into a sale when the time slips by or the conditions are satisfied depending upon which the property in the merchandise is to be moved.Section 4(1) defines sale as a contract, whereby the seller transfers or agrees to transfer the property in goods to the buyer for a price or consideration. Thus, it happens in the present.Such an event of sale is fixed, conditional and binding upon both the parties. A contract of sale is made by an idea to purchase or sell merchandise at a cost and the affirmation of such an offer. The existing goods mostly form the subject of the contract of sale. However, the goods could also be owned or possessed by the seller of future goods.Title is an important condition precedent to the sale. If it is not with the seller, then the sale will not be valid unless the condition stipulated is with respect to future goods but will be only an agreement to sale. In such a condition, the seller will be liable to compensate for any loss to the buyer.An agreement to sell can be defined as the transfer of property in goods that is to take place in future time or the transfer might take place depending on the fulfillment of certain conditions. The same had been defined in Section 4(3). An agreement to sell also becomes a sale when the given time elapses or the conditions that are needed for the transfer to happen get fulfilled. Thus, an agreement to sell establishes the terms and conditions of the offer of a property by the seller to the buyer.[Extracted with edits and revisions from Sale and Agreement to Sell: An Analysis of Statutory Provisions, blog by ipleaders]Q.Ganesh did not have physical possession of the headphones at the time of the agreement when he agreed to sell them to Anmol. However, he committed to delivering them within two months. Within the specified two-month period, Ganesh received the headphones and handed them over to Anmol, who rejected the delivery, asserting that it was not a valid sale because Ganesh did not possess the headphones at the time of the agreement. Is this sale legally valid?a)Yes, the sale is valid because Ganesh had possession of the future goods at the time of the agreement.b)Yes, the sale is valid because Ganesh had possession of the headphones at the time of the transfer.c)No, the sale is not valid because Ganesh did not have possession of the headphones when entering into the agreement.d)No, it constitutes misrepresentation as Ganesh never possessed the product he intended to sell.Correct answer is option 'A'. Can you explain this answer? in English & in Hindi are available as part of our courses for CLAT. Download more important topics, notes, lectures and mock test series for CLAT Exam by signing up for free.
Here you can find the meaning of Directions: Read the following passage and answer the question.Section 4 of the Sale of Goods Act, 1930 specifically deals with sale and agreement to sell. It expresses that, firstly, an agreement to sell products is an agreement whereby the merchant moves or consents to move the property in merchandise to the purchaser at a cost. There might be an agreement of offer between one section proprietor and another. Secondly, an agreement to sell might be total or restrictive. Thirdly, where under an agreement to sell, the property in the merchandise is moved from the seller to the buyer, the agreement is known as a sale, yet where the exchange of the property in the products is to happen at a future time or subject to some condition from that point to be satisfied, the agreement is called an agreement to sell. Lastly, an agreement to sell turns into a sale when the time slips by or the conditions are satisfied depending upon which the property in the merchandise is to be moved.Section 4(1) defines sale as a contract, whereby the seller transfers or agrees to transfer the property in goods to the buyer for a price or consideration. Thus, it happens in the present.Such an event of sale is fixed, conditional and binding upon both the parties. A contract of sale is made by an idea to purchase or sell merchandise at a cost and the affirmation of such an offer. The existing goods mostly form the subject of the contract of sale. However, the goods could also be owned or possessed by the seller of future goods.Title is an important condition precedent to the sale. If it is not with the seller, then the sale will not be valid unless the condition stipulated is with respect to future goods but will be only an agreement to sale. In such a condition, the seller will be liable to compensate for any loss to the buyer.An agreement to sell can be defined as the transfer of property in goods that is to take place in future time or the transfer might take place depending on the fulfillment of certain conditions. The same had been defined in Section 4(3). An agreement to sell also becomes a sale when the given time elapses or the conditions that are needed for the transfer to happen get fulfilled. Thus, an agreement to sell establishes the terms and conditions of the offer of a property by the seller to the buyer.[Extracted with edits and revisions from Sale and Agreement to Sell: An Analysis of Statutory Provisions, blog by ipleaders]Q.Ganesh did not have physical possession of the headphones at the time of the agreement when he agreed to sell them to Anmol. However, he committed to delivering them within two months. Within the specified two-month period, Ganesh received the headphones and handed them over to Anmol, who rejected the delivery, asserting that it was not a valid sale because Ganesh did not possess the headphones at the time of the agreement. Is this sale legally valid?a)Yes, the sale is valid because Ganesh had possession of the future goods at the time of the agreement.b)Yes, the sale is valid because Ganesh had possession of the headphones at the time of the transfer.c)No, the sale is not valid because Ganesh did not have possession of the headphones when entering into the agreement.d)No, it constitutes misrepresentation as Ganesh never possessed the product he intended to sell.Correct answer is option 'A'. Can you explain this answer? defined & explained in the simplest way possible. Besides giving the explanation of Directions: Read the following passage and answer the question.Section 4 of the Sale of Goods Act, 1930 specifically deals with sale and agreement to sell. It expresses that, firstly, an agreement to sell products is an agreement whereby the merchant moves or consents to move the property in merchandise to the purchaser at a cost. There might be an agreement of offer between one section proprietor and another. Secondly, an agreement to sell might be total or restrictive. Thirdly, where under an agreement to sell, the property in the merchandise is moved from the seller to the buyer, the agreement is known as a sale, yet where the exchange of the property in the products is to happen at a future time or subject to some condition from that point to be satisfied, the agreement is called an agreement to sell. Lastly, an agreement to sell turns into a sale when the time slips by or the conditions are satisfied depending upon which the property in the merchandise is to be moved.Section 4(1) defines sale as a contract, whereby the seller transfers or agrees to transfer the property in goods to the buyer for a price or consideration. Thus, it happens in the present.Such an event of sale is fixed, conditional and binding upon both the parties. A contract of sale is made by an idea to purchase or sell merchandise at a cost and the affirmation of such an offer. The existing goods mostly form the subject of the contract of sale. However, the goods could also be owned or possessed by the seller of future goods.Title is an important condition precedent to the sale. If it is not with the seller, then the sale will not be valid unless the condition stipulated is with respect to future goods but will be only an agreement to sale. In such a condition, the seller will be liable to compensate for any loss to the buyer.An agreement to sell can be defined as the transfer of property in goods that is to take place in future time or the transfer might take place depending on the fulfillment of certain conditions. The same had been defined in Section 4(3). An agreement to sell also becomes a sale when the given time elapses or the conditions that are needed for the transfer to happen get fulfilled. Thus, an agreement to sell establishes the terms and conditions of the offer of a property by the seller to the buyer.[Extracted with edits and revisions from Sale and Agreement to Sell: An Analysis of Statutory Provisions, blog by ipleaders]Q.Ganesh did not have physical possession of the headphones at the time of the agreement when he agreed to sell them to Anmol. However, he committed to delivering them within two months. Within the specified two-month period, Ganesh received the headphones and handed them over to Anmol, who rejected the delivery, asserting that it was not a valid sale because Ganesh did not possess the headphones at the time of the agreement. Is this sale legally valid?a)Yes, the sale is valid because Ganesh had possession of the future goods at the time of the agreement.b)Yes, the sale is valid because Ganesh had possession of the headphones at the time of the transfer.c)No, the sale is not valid because Ganesh did not have possession of the headphones when entering into the agreement.d)No, it constitutes misrepresentation as Ganesh never possessed the product he intended to sell.Correct answer is option 'A'. Can you explain this answer?, a detailed solution for Directions: Read the following passage and answer the question.Section 4 of the Sale of Goods Act, 1930 specifically deals with sale and agreement to sell. It expresses that, firstly, an agreement to sell products is an agreement whereby the merchant moves or consents to move the property in merchandise to the purchaser at a cost. There might be an agreement of offer between one section proprietor and another. Secondly, an agreement to sell might be total or restrictive. Thirdly, where under an agreement to sell, the property in the merchandise is moved from the seller to the buyer, the agreement is known as a sale, yet where the exchange of the property in the products is to happen at a future time or subject to some condition from that point to be satisfied, the agreement is called an agreement to sell. Lastly, an agreement to sell turns into a sale when the time slips by or the conditions are satisfied depending upon which the property in the merchandise is to be moved.Section 4(1) defines sale as a contract, whereby the seller transfers or agrees to transfer the property in goods to the buyer for a price or consideration. Thus, it happens in the present.Such an event of sale is fixed, conditional and binding upon both the parties. A contract of sale is made by an idea to purchase or sell merchandise at a cost and the affirmation of such an offer. The existing goods mostly form the subject of the contract of sale. However, the goods could also be owned or possessed by the seller of future goods.Title is an important condition precedent to the sale. If it is not with the seller, then the sale will not be valid unless the condition stipulated is with respect to future goods but will be only an agreement to sale. In such a condition, the seller will be liable to compensate for any loss to the buyer.An agreement to sell can be defined as the transfer of property in goods that is to take place in future time or the transfer might take place depending on the fulfillment of certain conditions. The same had been defined in Section 4(3). An agreement to sell also becomes a sale when the given time elapses or the conditions that are needed for the transfer to happen get fulfilled. Thus, an agreement to sell establishes the terms and conditions of the offer of a property by the seller to the buyer.[Extracted with edits and revisions from Sale and Agreement to Sell: An Analysis of Statutory Provisions, blog by ipleaders]Q.Ganesh did not have physical possession of the headphones at the time of the agreement when he agreed to sell them to Anmol. However, he committed to delivering them within two months. Within the specified two-month period, Ganesh received the headphones and handed them over to Anmol, who rejected the delivery, asserting that it was not a valid sale because Ganesh did not possess the headphones at the time of the agreement. Is this sale legally valid?a)Yes, the sale is valid because Ganesh had possession of the future goods at the time of the agreement.b)Yes, the sale is valid because Ganesh had possession of the headphones at the time of the transfer.c)No, the sale is not valid because Ganesh did not have possession of the headphones when entering into the agreement.d)No, it constitutes misrepresentation as Ganesh never possessed the product he intended to sell.Correct answer is option 'A'. Can you explain this answer? has been provided alongside types of Directions: Read the following passage and answer the question.Section 4 of the Sale of Goods Act, 1930 specifically deals with sale and agreement to sell. It expresses that, firstly, an agreement to sell products is an agreement whereby the merchant moves or consents to move the property in merchandise to the purchaser at a cost. There might be an agreement of offer between one section proprietor and another. Secondly, an agreement to sell might be total or restrictive. Thirdly, where under an agreement to sell, the property in the merchandise is moved from the seller to the buyer, the agreement is known as a sale, yet where the exchange of the property in the products is to happen at a future time or subject to some condition from that point to be satisfied, the agreement is called an agreement to sell. Lastly, an agreement to sell turns into a sale when the time slips by or the conditions are satisfied depending upon which the property in the merchandise is to be moved.Section 4(1) defines sale as a contract, whereby the seller transfers or agrees to transfer the property in goods to the buyer for a price or consideration. Thus, it happens in the present.Such an event of sale is fixed, conditional and binding upon both the parties. A contract of sale is made by an idea to purchase or sell merchandise at a cost and the affirmation of such an offer. The existing goods mostly form the subject of the contract of sale. However, the goods could also be owned or possessed by the seller of future goods.Title is an important condition precedent to the sale. If it is not with the seller, then the sale will not be valid unless the condition stipulated is with respect to future goods but will be only an agreement to sale. In such a condition, the seller will be liable to compensate for any loss to the buyer.An agreement to sell can be defined as the transfer of property in goods that is to take place in future time or the transfer might take place depending on the fulfillment of certain conditions. The same had been defined in Section 4(3). An agreement to sell also becomes a sale when the given time elapses or the conditions that are needed for the transfer to happen get fulfilled. Thus, an agreement to sell establishes the terms and conditions of the offer of a property by the seller to the buyer.[Extracted with edits and revisions from Sale and Agreement to Sell: An Analysis of Statutory Provisions, blog by ipleaders]Q.Ganesh did not have physical possession of the headphones at the time of the agreement when he agreed to sell them to Anmol. However, he committed to delivering them within two months. Within the specified two-month period, Ganesh received the headphones and handed them over to Anmol, who rejected the delivery, asserting that it was not a valid sale because Ganesh did not possess the headphones at the time of the agreement. Is this sale legally valid?a)Yes, the sale is valid because Ganesh had possession of the future goods at the time of the agreement.b)Yes, the sale is valid because Ganesh had possession of the headphones at the time of the transfer.c)No, the sale is not valid because Ganesh did not have possession of the headphones when entering into the agreement.d)No, it constitutes misrepresentation as Ganesh never possessed the product he intended to sell.Correct answer is option 'A'. Can you explain this answer? theory, EduRev gives you an ample number of questions to practice Directions: Read the following passage and answer the question.Section 4 of the Sale of Goods Act, 1930 specifically deals with sale and agreement to sell. It expresses that, firstly, an agreement to sell products is an agreement whereby the merchant moves or consents to move the property in merchandise to the purchaser at a cost. There might be an agreement of offer between one section proprietor and another. Secondly, an agreement to sell might be total or restrictive. Thirdly, where under an agreement to sell, the property in the merchandise is moved from the seller to the buyer, the agreement is known as a sale, yet where the exchange of the property in the products is to happen at a future time or subject to some condition from that point to be satisfied, the agreement is called an agreement to sell. Lastly, an agreement to sell turns into a sale when the time slips by or the conditions are satisfied depending upon which the property in the merchandise is to be moved.Section 4(1) defines sale as a contract, whereby the seller transfers or agrees to transfer the property in goods to the buyer for a price or consideration. Thus, it happens in the present.Such an event of sale is fixed, conditional and binding upon both the parties. A contract of sale is made by an idea to purchase or sell merchandise at a cost and the affirmation of such an offer. The existing goods mostly form the subject of the contract of sale. However, the goods could also be owned or possessed by the seller of future goods.Title is an important condition precedent to the sale. If it is not with the seller, then the sale will not be valid unless the condition stipulated is with respect to future goods but will be only an agreement to sale. In such a condition, the seller will be liable to compensate for any loss to the buyer.An agreement to sell can be defined as the transfer of property in goods that is to take place in future time or the transfer might take place depending on the fulfillment of certain conditions. The same had been defined in Section 4(3). An agreement to sell also becomes a sale when the given time elapses or the conditions that are needed for the transfer to happen get fulfilled. Thus, an agreement to sell establishes the terms and conditions of the offer of a property by the seller to the buyer.[Extracted with edits and revisions from Sale and Agreement to Sell: An Analysis of Statutory Provisions, blog by ipleaders]Q.Ganesh did not have physical possession of the headphones at the time of the agreement when he agreed to sell them to Anmol. However, he committed to delivering them within two months. Within the specified two-month period, Ganesh received the headphones and handed them over to Anmol, who rejected the delivery, asserting that it was not a valid sale because Ganesh did not possess the headphones at the time of the agreement. Is this sale legally valid?a)Yes, the sale is valid because Ganesh had possession of the future goods at the time of the agreement.b)Yes, the sale is valid because Ganesh had possession of the headphones at the time of the transfer.c)No, the sale is not valid because Ganesh did not have possession of the headphones when entering into the agreement.d)No, it constitutes misrepresentation as Ganesh never possessed the product he intended to sell.Correct answer is option 'A'. Can you explain this answer? tests, examples and also practice CLAT tests.
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