A contract for the sale of goods which provide that the property would...
A ‘Contract of Sale‘ is a type of contract whereby one party (seller) either transfers the ownership of goods or agrees to transfer it for money to the other party (buyer). A contract of sale can be a sale or an agreement to sell. In a contract of sale, when there is an actual sale of goods, it is known as Sale whereas if there is an intention to sell the goods at a certain time in future or some conditions are satisfied, it is called an Agreement to sell.
Both sale and agreement to sell are types of contract, wherein the former is an executed contract whereas the latter represents an executory contract.
View all questions of this test
A contract for the sale of goods which provide that the property would...
Agreement to Sell:
An agreement to sell is a contract in which the seller agrees to sell the goods to the buyer at a future date, subject to certain conditions. Until the conditions are fulfilled, the property in the goods remains with the seller. The buyer acquires an equitable interest in the goods, but the legal ownership does not pass to the buyer.
Property Passing on Full Payment and Execution of Sale Deed:
In the given scenario, the contract states that the property will pass to the buyer on full payment of the price and execution of a sale deed. This means that once the buyer has paid the full price and the sale deed has been executed, the legal ownership of the goods will be transferred from the seller to the buyer.
Explanation of the Correct Answer:
The correct answer is option 'B' - agreement to sell. This is because an agreement to sell is a contract where the property in the goods remains with the seller until the conditions mentioned in the contract are fulfilled. In this case, the condition is full payment of the price and execution of a sale deed. Once these conditions are met, the property will pass to the buyer.
Other Options:
Let's take a look at the other options and understand why they are not the correct answers:
- Option 'A' - Sale: This option implies that the sale has already taken place and the property has passed to the buyer. However, in the given scenario, the property will pass to the buyer only on full payment of the price and execution of the sale deed. Therefore, option 'A' is not the correct answer.
- Option 'C' - Hire-purchase agreement: A hire-purchase agreement is a type of agreement where the goods are initially hired by the buyer and ownership is transferred to the buyer upon completion of all installment payments. However, in the given scenario, the contract does not mention any installment payments or hire-purchase arrangement. Therefore, option 'C' is not the correct answer.
- Option 'D' - Sale of approval: Sale of approval refers to a contract where the buyer has the option to approve or reject the goods after inspection. However, in the given scenario, there is no mention of approval or rejection of the goods. Therefore, option 'D' is not the correct answer.
In conclusion, the correct answer is option 'B' - agreement to sell because the contract states that the property will pass to the buyer on full payment of the price and execution of a sale deed.
To make sure you are not studying endlessly, EduRev has designed CA Foundation study material, with Structured Courses, Videos, & Test Series. Plus get personalized analysis, doubt solving and improvement plans to achieve a great score in CA Foundation.