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Sale of Goods Act 1930
Till 1930,transactions relating to sale and purchase of goods were regulated by the Indian Contract Act,1872.In 1930,Sections 76 to 123 of the Indian Contract Act, 1872 were repealed and a separate Act called ‘The Indian Sale of Goods Act,1930 was passed.It came into force on 1st July,1930.With effect from 22ndSeptember,1963,the word ‘Indian’was also removed.Now,the present Act is called’The sales of goods act,1930’. This Act extends to the whole of India except the State of Jammu and Kashmir.
Scope of the Act
The sale of Goods Act deals with ‘Sale of Goods Act,1930,’contract of sale of goods is a contract whereby the seller transfers or agrees to transfer the property in goods to the buyer for a price.” ‘Contract of sale’ is a generic term which includes both a sale as well as an agreement to sell.
Essential elements of Contract of sale
1. Seller and buyer
There must be a seller as well as a buyer.’Buyer’ means a person who buys or agrees to buy goods[Section 2910].’Seller’ means a person who sells or agrees to sell goods [Section 29(13)].
There must be some goods.’Goods’ means every kind of movable property other than actionable claims and money includes stock and shares,growing crops,grass and things attached to or forming part of the land which are agreed to be severed before sale or under the contract of sale[Section 2(7)].
3. Transfer of property
Property means the general property in goods,and not merely a special property[Section 2(11)]. General property in goods means ownership of the goods. Special property in goods means possession of goods.Thus,there must be either a transfer of ownership of goods or an agreement to transfer the ownership of goods.The ownership may transfer either immediately on completion of sale or sometime in future in agreement to sell.
There must be a price. Price here means the money consideration for a sale of goods[Section 2(10)]. When the consideration is only goods, it amounts to a ‘barter’ and not sale.When there is no consideration ,it amounts to gift and not sale.
5. Essential elements of a valid contract
In addition to the aforesaid specific essential elements,all the essential elements of a valid contract as specified under Section 10 of Indian Contract Act,1872 must also be present since a contract of sale is a special type of a contract.
Meaning and types of goods
Meaning of goods[Section 2(7)]
Goods means every kind of movable property other than actionable claims and money,and includes the following:
Stock and share
Growing crops,grass and thing attached to or forming part of the land which are agreed to be served before sale or under the Contract of sale.
Types of Goods[Section 6]
1. Existing Goods
Existing goods mean the goods which are either owned or possessed by the seller at the time of contract of sale.The existing goods may be specific or ascertained or unascertained as follows:
a) Specific Goods [Section 2(14)]:
These are the goods which are identified and agreed upon at the time when a contract of sale is made-For example,specified TV, VCR, Car, Ring.
b) Ascertained Goods:
Goods are said to be ascertained when out of a mass of unascertained goods,the quantity extracted for is identified and set aside for a given contract.Thus,when part of the goods lying in bulk are identified and earmarked for sale,such goods are termed as ascertained goods.
c) Unsanctioned Goods:
These are the goods which are not identified and agreed upon at the time when a contract of sale is made e.g. goods in stock or lying in lots.
2. Future Goods [Section 2(6)]
Future goods mean goods to be manufactured or produced or acquired by the seller after the making of the contract of sale.There can be an agreement to sell only.There can be no sale in respect of future goods because one cannot sell what he does not possess.
3. Contingent Goods [Section 6(2)]
These are the goods the acquisition of which by the seller depends upon a contingency which may or may not happen.
Price Of Goods
Meaning [Section 2(10)]
Price means the money consideration for a sale of goods.
Modes of determining Price [Section 9(1)]
There are three modes of determining the price as under:
Thus,the price need not necessarily be fixed at the time of sale.
Consequences of not determining the Price in any of the Mode [Section 9(2)]
Where the price is not determined in accordance with Section 9(1),the buyer must pay seller a reasonable price.What is a reasonable price is a question of fact dependent on the circumstances of each particular case.It may be noted that a reasonable price need not be market price.
Consequence of not Fixing Price by third party [Section 10(1)]
The agreement to sell goods becomes void if the following two conditions are fulfilled.
Duty of buyer
A buyer who has received and appropriated the goods,must pay a reasonable price therefor.
Right of party not at fault to sue
Where such a third party is prevented from making the valuation by fault of the seller or buyer,the party not at fault may maintain a suit for damages against the party in fault.