SALE OF GOODS ACT ,1930



SALE OF GOODS ACT, 1930





SALE-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

 AGREEMENT TO 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.


DOCTRINE OF CAVEAT EMPTOR-Buyer in a contract of sale of specific goods will purchase them at his own risk with regard to the quality or fitness of the goods except in case of fraud or where a condition to that effect is laid down in the contract itself.




RIGHT OF UNPAID SELLER- unpaid seller can exercise any of the following rights.


1.right of lien


2.right of stoppage in transit


3.right of resale






RIGHT OF BUYER- A buyer can exercise any of the below right.

1.Suit for price-Where the buyer has paid the price and the goods are not delivered to him, he can recover the amount paid.

2. Suit for specific performance-

3. Suit for damages for delivery-

4. Suit for breach for warranty

5.Suit for interest-The buyer may recover such interest or special damages, as may be recoverable bylaw. He may also recover the money paid where the consideration for the payment of it has failed.
In the absence of a contract to the contrary, the court may award interest, to the buyer, in a suit by him for the refund of the price in a case of a breach on the part of the seller, at such rate as it thinks fit on the amount of the price from the date on which the payment was made.

6.Suit for damages for repudiation of contract before due date-
CONDITION

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