The document summarizes key aspects of the Sale of Goods Act 1957 regarding contracts for the sale of goods in Malaysia. It defines goods, different types of goods (existing, future, unascertained), and contracts of sale. It outlines implied terms in contracts including conditions and warranties. It also discusses transfer of property/title, exceptions to the nemo dat principle, and when property passes from seller to buyer depending on the type of goods or contract.
This document summarizes key aspects of the Sale of Goods Act 1930 in India. It defines a contract of sale as an agreement where the seller transfers ownership of goods to the buyer for a price. The Act distinguishes between sale, where ownership transfers immediately, and agreement to sell, where ownership will transfer in the future. It also defines goods, classifications of goods, conditions and warranties, caveat emptor (buyer beware), transfer of title and risk, and performance of sales contracts. The duties of buyers and sellers are outlined regarding payment, delivery, acceptance of goods, and liability.
The Sale of Goods Act 1930 governs contracts for the sale of goods in India. It defines a contract of sale as an agreement whereby the seller transfers ownership of goods to the buyer for a price. The Act distinguishes between a sale, where ownership transfers immediately, and an agreement to sell, where ownership transfers at a later time. It covers essential elements of contracts of sale like parties, goods, price, and transfer of ownership. The Act also establishes rights for unpaid sellers, such as lien, stoppage in transit, and resale of goods.
Dr SHIKHA AGARWAL CONTRACT OF SALE --BBA-IB.pdfyelaf54427
This document provides an overview of the Sale of Goods Act 1930 in India. It discusses key concepts around contracts of sale including the essential elements, differences between sale and agreement to sell, goods, price, conditions and warranties, and transfer of ownership. Specifically, it defines a contract of sale under section 4(1) as involving the transfer of property in goods from the seller to the buyer for a price. It also explains the different types of goods, implications of destruction or damage of goods, methods of determining price, and the distinction between conditions and warranties.
Introduction
Definition of contract of sale
Essential elements of contract of sale
Formalities of contract of sale
Sale & Agreement to sell
Difference between sale & agreement to sale
Goods and their classification
Price
Condition & warranties
Unpaid seller
Rights of unpaid seller
The Sale of Goods Act 1930 governs contracts for the sale of goods in India. It defines key terms including sale, agreement to sell, existing and future goods. The Act implies certain conditions and warranties in contracts for the sale of goods regarding title, description, sample, merchantability and fitness for purpose. It addresses performance of sales contracts through delivery of goods and payment. The Act provides rights to unpaid sellers, including the right to sue for the unpaid price or damages.
The document provides an overview of key concepts from the Sale of Goods Act 1930 in India, including:
1. It defines important terms like "sale", "buyer", "seller", and "goods" as used in the Act. Goods can be existing, future, or contingent.
2. It distinguishes a sale from an agreement to sell based on factors like nature, type of contract, transfer of risk and title, right to sell, and consequences of loss.
3. Essentials for a valid contract of sale are outlined as two or more parties, agreement to transfer ownership of goods for a price, and subject matter being goods.
4. Rules regarding passing of property, performance of
This document discusses key aspects of sales of goods law in Malaysia. It covers:
1) The applicable law is the Sales of Goods Act 1957 (Revised 1989).
2) There are two types of contracts for the sale of goods - an absolute contract where title passes immediately, and a conditional contract (agreement to sell) where title passes at a future time or when conditions are fulfilled.
3) For a valid contract of sale, there must be parties, goods as the subject matter, consideration in the form of a price, and formation through offer and acceptance. Implied terms as to title, quiet possession, and freedom from encumbrances are also discussed.
This document summarizes key aspects of the Sale of Goods Act 1930 in India. It defines a contract of sale as an agreement where the seller transfers ownership of goods to the buyer for a price. The Act distinguishes between sale, where ownership transfers immediately, and agreement to sell, where ownership will transfer in the future. It also defines goods, classifications of goods, conditions and warranties, caveat emptor (buyer beware), transfer of title and risk, and performance of sales contracts. The duties of buyers and sellers are outlined regarding payment, delivery, acceptance of goods, and liability.
The Sale of Goods Act 1930 governs contracts for the sale of goods in India. It defines a contract of sale as an agreement whereby the seller transfers ownership of goods to the buyer for a price. The Act distinguishes between a sale, where ownership transfers immediately, and an agreement to sell, where ownership transfers at a later time. It covers essential elements of contracts of sale like parties, goods, price, and transfer of ownership. The Act also establishes rights for unpaid sellers, such as lien, stoppage in transit, and resale of goods.
Dr SHIKHA AGARWAL CONTRACT OF SALE --BBA-IB.pdfyelaf54427
This document provides an overview of the Sale of Goods Act 1930 in India. It discusses key concepts around contracts of sale including the essential elements, differences between sale and agreement to sell, goods, price, conditions and warranties, and transfer of ownership. Specifically, it defines a contract of sale under section 4(1) as involving the transfer of property in goods from the seller to the buyer for a price. It also explains the different types of goods, implications of destruction or damage of goods, methods of determining price, and the distinction between conditions and warranties.
Introduction
Definition of contract of sale
Essential elements of contract of sale
Formalities of contract of sale
Sale & Agreement to sell
Difference between sale & agreement to sale
Goods and their classification
Price
Condition & warranties
Unpaid seller
Rights of unpaid seller
The Sale of Goods Act 1930 governs contracts for the sale of goods in India. It defines key terms including sale, agreement to sell, existing and future goods. The Act implies certain conditions and warranties in contracts for the sale of goods regarding title, description, sample, merchantability and fitness for purpose. It addresses performance of sales contracts through delivery of goods and payment. The Act provides rights to unpaid sellers, including the right to sue for the unpaid price or damages.
The document provides an overview of key concepts from the Sale of Goods Act 1930 in India, including:
1. It defines important terms like "sale", "buyer", "seller", and "goods" as used in the Act. Goods can be existing, future, or contingent.
2. It distinguishes a sale from an agreement to sell based on factors like nature, type of contract, transfer of risk and title, right to sell, and consequences of loss.
3. Essentials for a valid contract of sale are outlined as two or more parties, agreement to transfer ownership of goods for a price, and subject matter being goods.
4. Rules regarding passing of property, performance of
This document discusses key aspects of sales of goods law in Malaysia. It covers:
1) The applicable law is the Sales of Goods Act 1957 (Revised 1989).
2) There are two types of contracts for the sale of goods - an absolute contract where title passes immediately, and a conditional contract (agreement to sell) where title passes at a future time or when conditions are fulfilled.
3) For a valid contract of sale, there must be parties, goods as the subject matter, consideration in the form of a price, and formation through offer and acceptance. Implied terms as to title, quiet possession, and freedom from encumbrances are also discussed.
The document discusses the key aspects of the law of sales of goods in Sri Lanka. It contains 3 main points:
1. It defines what constitutes a contract of sale of goods and distinguishes it from a contract for the sale of goods. A contract of sale involves the immediate transfer of title, while a contract for sale involves transfer of title at a future time or when conditions are met.
2. It outlines the essential elements and implied conditions in a valid contract of sale, including requirements around parties, goods, price, title transfer, and implied warranties around title, description, fitness for purpose, and merchantable quality.
3. It describes the rights of unpaid sellers, including the right of lien
The document discusses the key aspects of the law of sales of goods in Sri Lanka. It contains 3 main points:
1. It defines what constitutes a contract of sale of goods and distinguishes it from a contract for the sale of goods. A contract of sale involves the immediate transfer of title, while a contract for sale involves transfer of title at a future time or when conditions are met.
2. It outlines the essential elements and implied conditions in a valid contract for the sale of goods based on the Sales of Goods Ordinance, including requirements around title, description, fitness for purpose, and quality. It also discusses exceptions to the caveat emptor rule through implied warranties.
3. It
The document discusses the rights of an unpaid seller under the Sale of Goods Act. It defines an unpaid seller as one where the whole price has not been paid or a negotiable instrument used for conditional payment has been dishonored. As an unpaid seller, they have the right of lien over goods, the right to stop goods in transit if the buyer becomes insolvent, and the right to resell perishable goods if buyer does not pay within a reasonable time frame. For ascertained goods, the property is transferred when the parties intend it, considering the contract terms, conduct, and circumstances. The essentials for property transfer are goods being ascertained and intention to pass property.
The Sale of Goods Act, 1930 defines a contract of sale as the transfer of ownership of goods from a seller to a buyer for a price. For a contract of sale to be valid, there must be two parties (a seller and buyer), goods must be transferred with the agreement of ownership, the subject of sale must be goods, and there must be a price paid in money. The Act distinguishes between a sale, where ownership transfers immediately, and an agreement to sell, where ownership will transfer in the future. The Act also establishes rules regarding how contracts are affected when goods are destroyed before ownership transfers to the buyer.
The document summarizes key aspects of the Sale of Goods Act 1930 in India. It outlines that in 1930, transactions relating to sale and purchase of goods were regulated separately from the Indian Contract Act 1872 with the passage of the Sale of Goods Act. The Act defines a contract of sale as one where the seller transfers ownership of goods to the buyer for a price. There must be two parties (buyer and seller), goods, transfer of ownership, and a price for a valid contract of sale. A sale involves immediate transfer of ownership while an agreement to sell involves future transfer of ownership. The document also discusses classification of goods, conditions and warranties, rights of unpaid sellers and more.
The document provides an overview of the Sale of Goods Act, 1930 in India. Some key points:
- The Act was enacted in 1930 and borrowed from the English Sale of Goods Act. It defines a contract of sale as one where the seller transfers property in goods to the buyer for a price.
- It covers existing and future goods, passing of property between buyer and seller, implied conditions and warranties, remedies for breach, and effects of contracts on transfer of title.
- Key definitions include buyer, seller, goods, price, and conditions versus warranties. The rights and obligations of buyers and sellers are established, including around risk, defects, rejections, and more.
The document provides an overview of the Sale of Goods Act of 1930 in India. Some key points:
- The Act was enacted in 1930 and borrowed from the English Sale of Goods Act. It defines a contract of sale as one where the seller transfers property in goods to the buyer for a price.
- It covers definitions, essential elements of a valid contract of sale, transfer of property and risk between buyer and seller, implied conditions and warranties, remedies for breach, and effects on title when goods are sold by someone without proper authority.
- The Act aims to regulate contracts for the sale of goods and determine rights and obligations of buyers and sellers to promote fairness and protect parties in sale of goods transactions.
The document provides definitions and explanations of key concepts in Malaysia's Sales of Goods Act 1967. It discusses what constitutes goods, the different types of goods, and how contracts of sale are formed. It also covers important implied conditions and warranties in contracts of sale, including title to goods, correspondence with descriptions, quality and fitness, merchantability, and sale by sample. The document explains when property or ownership is transferred from the seller to the buyer and exceptions to the general rule of nemo dat quod non habet (no one can transfer better title than they have). Finally, it discusses the performance of contracts of sale through delivery and acceptance of goods, as well as remedies available to buyers and sellers for breaches of contract.
This document provides an introduction and overview of key concepts relating to the sale of goods in Sri Lanka. It discusses the following main points in 3 paragraphs:
1. It defines a sale of goods contract and outlines the 4 key elements required - a seller, buyer, goods, and consideration (price). It also distinguishes between existing, future, and ascertained/unascertained goods.
2. It discusses the terms that can be included in a sale of goods contract, including express terms agreed by the parties and implied terms that are automatically included by law. It defines conditions and warranties.
3. It outlines the implied conditions and warranties included in sale of goods contracts by operation of law,
The document provides an overview of the Sale of Goods Act of 1930 in India. Some key points:
- The Act governs transactions involving the sale of goods in India and defines a contract of sale as one where the seller transfers property rights in goods to the buyer in exchange for a price.
- For a contract of sale to be valid, there must be at least two parties (buyer and seller), a transfer or agreement to transfer ownership of goods, the subject matter must be goods as defined by the Act, and consideration in the form of a price must be present.
- A sale involves the immediate transfer of ownership, while an agreement to sell involves a future transfer subject to conditions. The risks and
The document summarizes key aspects of the Sale of Goods Act 1930 in India, including:
- Essential elements of a valid contract of sale are two parties (buyer and seller), goods, transfer of property, and price.
- Representations made by the seller and buyer can become conditions or warranties in the contract. Conditions going to the root of the contract allow terminating it, while breaches of warranty only permit damages.
- The Act establishes rules for determining when property transfers from seller to buyer, such as when goods are ascertained, specific goods contracts, and goods sent on approval.
- An unpaid seller has rights against goods, like lien and stoppage in transit, and against the buyer personally
The document discusses key aspects of contracts for the sale of goods under the Sale of Goods Act 1930 in India. It defines a contract of sale as one where the seller transfers ownership of goods to the buyer for a price. For a valid sale contract there must be two parties (buyer and seller), goods, transfer of ownership of the goods, and a price. The document outlines the differences between a sale, where ownership immediately transfers, and an agreement to sell, where ownership transfers at a later time. It also discusses implied conditions and warranties in sale contracts, as well as the rights of unpaid sellers and buyers.
The document discusses key concepts related to contracts of sale and consumer laws in India. It begins by defining a contract of sale under the Sale of Goods Act and outlines the essential elements, including two parties (buyer and seller), agreement to transfer property in goods from seller to buyer for a price. It also distinguishes between a sale and agreement to sell. The document then discusses implied conditions and warranties in contracts of sale, the difference between conditions and warranties, and key cases. It provides examples of various types of goods and concludes with an overview of a consumer's rights under consumer protection laws.
This document discusses key provisions of the Sale of Goods Act 1930 regarding the formation of contracts for the sale of goods. It defines a sale as a contract where the seller transfers property in goods to the buyer for a price. An agreement to sell is where property transfer occurs in the future or subject to conditions. A sale becomes an executed contract once consideration is paid, while an agreement to sell remains executory. The document outlines essential elements of a sale contract including bilateral agreement, monetary consideration, and transfer of goods. It distinguishes sales from agreements to sell and from other contracts like bailment and hire purchase.
The Sale of Goods Act, 1930 governs contracts for the sale of goods in India. It defines a contract of sale as one where the seller transfers ownership of goods to the buyer in exchange for a price. For a contract of sale to be valid, there must be at least two parties (a seller and buyer), a transfer or agreement to transfer ownership of goods, the goods must be movable property, and a price must be paid in money. A sale involves immediate transfer of ownership, while an agreement to sell involves future transfer. Breach of a condition allows rejection of goods, while breach of a warranty only allows damages unless treated as a condition.
This document discusses key concepts from the Sales of Goods Act 1930 in India, including the definition of a sale versus an agreement to sell, conditions and warranties, transfer of property, and rights of unpaid sellers. It notes that a sale involves immediate transfer of property, while an agreement to sell involves future transfer. Conditions refer to essential terms, and their breach allows contract repudiation, while warranties cover collateral terms and only allow damages claims. The document outlines implied conditions like title, description, fitness, merchantability, and custom. It also discusses implied warranties, the caveat emptor rule, and exceptions where sellers must disclose flaws.
The document provides an overview of the Sale of Goods Act of 1930 in India. It defines a contract of sale as the transfer of property in goods from a seller to a buyer for a price. It outlines the essential elements of a valid sale contract and distinguishes between a sale and agreement to sell. It also defines goods, classifies different types of goods, and discusses documents of title related to goods.
The document discusses key concepts from the Sales of Goods Act including:
- A contract of sale involves the transfer of ownership of goods from a seller to a buyer for a price. It can be a sale (immediate transfer of ownership) or agreement to sell (future transfer).
- Essentials of a valid contract of sale include two parties, goods as the subject matter, transfer of general property interest in the goods, and consideration in the form of money price.
- Goods can be existing, future, or contingent. Price must be in monetary terms but does not need to be fixed at the time of sale.
- Key rights and obligations depending on whether a sale or agreement to sell include risk
The document summarizes key aspects of the Sale of Goods Act 1930 in India. It defines a contract of sale as one where the seller transfers ownership of goods to the buyer for a price. A sale involves immediate transfer of ownership, while an agreement to sell involves future transfer. The act establishes rules for determining when ownership transfers. It also distinguishes conditions from warranties in a contract and implies certain conditions and warranties, such as the buyer's right to title and quiet possession of goods.
This document discusses key concepts related to contracts of sale under the Sale of Goods Act 1930 in India. It defines a contract of sale, differentiates between a sale and agreement to sell, and outlines the essential elements of a valid contract of sale. It also explains the differences between a sale and other related contracts such as hire purchase, bailment, gift, and indemnity/guarantee. The document discusses goods that are the subject of a contract of sale, conditions and warranties, passage of title, and rights and duties of buyers and sellers.
How to Implement a Real Estate CRM SoftwareSalesTown
To implement a CRM for real estate, set clear goals, choose a CRM with key real estate features, and customize it to your needs. Migrate your data, train your team, and use automation to save time. Monitor performance, ensure data security, and use the CRM to enhance marketing. Regularly check its effectiveness to improve your business.
Best Competitive Marble Pricing in Dubai - ☎ 9928909666Stone Art Hub
Stone Art Hub offers the best competitive Marble Pricing in Dubai, ensuring affordability without compromising quality. With a wide range of exquisite marble options to choose from, you can enhance your spaces with elegance and sophistication. For inquiries or orders, contact us at ☎ 9928909666. Experience luxury at unbeatable prices.
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Ähnlich wie The Sale of Goods Act 1957 , sale of goods
The document discusses the key aspects of the law of sales of goods in Sri Lanka. It contains 3 main points:
1. It defines what constitutes a contract of sale of goods and distinguishes it from a contract for the sale of goods. A contract of sale involves the immediate transfer of title, while a contract for sale involves transfer of title at a future time or when conditions are met.
2. It outlines the essential elements and implied conditions in a valid contract of sale, including requirements around parties, goods, price, title transfer, and implied warranties around title, description, fitness for purpose, and merchantable quality.
3. It describes the rights of unpaid sellers, including the right of lien
The document discusses the key aspects of the law of sales of goods in Sri Lanka. It contains 3 main points:
1. It defines what constitutes a contract of sale of goods and distinguishes it from a contract for the sale of goods. A contract of sale involves the immediate transfer of title, while a contract for sale involves transfer of title at a future time or when conditions are met.
2. It outlines the essential elements and implied conditions in a valid contract for the sale of goods based on the Sales of Goods Ordinance, including requirements around title, description, fitness for purpose, and quality. It also discusses exceptions to the caveat emptor rule through implied warranties.
3. It
The document discusses the rights of an unpaid seller under the Sale of Goods Act. It defines an unpaid seller as one where the whole price has not been paid or a negotiable instrument used for conditional payment has been dishonored. As an unpaid seller, they have the right of lien over goods, the right to stop goods in transit if the buyer becomes insolvent, and the right to resell perishable goods if buyer does not pay within a reasonable time frame. For ascertained goods, the property is transferred when the parties intend it, considering the contract terms, conduct, and circumstances. The essentials for property transfer are goods being ascertained and intention to pass property.
The Sale of Goods Act, 1930 defines a contract of sale as the transfer of ownership of goods from a seller to a buyer for a price. For a contract of sale to be valid, there must be two parties (a seller and buyer), goods must be transferred with the agreement of ownership, the subject of sale must be goods, and there must be a price paid in money. The Act distinguishes between a sale, where ownership transfers immediately, and an agreement to sell, where ownership will transfer in the future. The Act also establishes rules regarding how contracts are affected when goods are destroyed before ownership transfers to the buyer.
The document summarizes key aspects of the Sale of Goods Act 1930 in India. It outlines that in 1930, transactions relating to sale and purchase of goods were regulated separately from the Indian Contract Act 1872 with the passage of the Sale of Goods Act. The Act defines a contract of sale as one where the seller transfers ownership of goods to the buyer for a price. There must be two parties (buyer and seller), goods, transfer of ownership, and a price for a valid contract of sale. A sale involves immediate transfer of ownership while an agreement to sell involves future transfer of ownership. The document also discusses classification of goods, conditions and warranties, rights of unpaid sellers and more.
The document provides an overview of the Sale of Goods Act, 1930 in India. Some key points:
- The Act was enacted in 1930 and borrowed from the English Sale of Goods Act. It defines a contract of sale as one where the seller transfers property in goods to the buyer for a price.
- It covers existing and future goods, passing of property between buyer and seller, implied conditions and warranties, remedies for breach, and effects of contracts on transfer of title.
- Key definitions include buyer, seller, goods, price, and conditions versus warranties. The rights and obligations of buyers and sellers are established, including around risk, defects, rejections, and more.
The document provides an overview of the Sale of Goods Act of 1930 in India. Some key points:
- The Act was enacted in 1930 and borrowed from the English Sale of Goods Act. It defines a contract of sale as one where the seller transfers property in goods to the buyer for a price.
- It covers definitions, essential elements of a valid contract of sale, transfer of property and risk between buyer and seller, implied conditions and warranties, remedies for breach, and effects on title when goods are sold by someone without proper authority.
- The Act aims to regulate contracts for the sale of goods and determine rights and obligations of buyers and sellers to promote fairness and protect parties in sale of goods transactions.
The document provides definitions and explanations of key concepts in Malaysia's Sales of Goods Act 1967. It discusses what constitutes goods, the different types of goods, and how contracts of sale are formed. It also covers important implied conditions and warranties in contracts of sale, including title to goods, correspondence with descriptions, quality and fitness, merchantability, and sale by sample. The document explains when property or ownership is transferred from the seller to the buyer and exceptions to the general rule of nemo dat quod non habet (no one can transfer better title than they have). Finally, it discusses the performance of contracts of sale through delivery and acceptance of goods, as well as remedies available to buyers and sellers for breaches of contract.
This document provides an introduction and overview of key concepts relating to the sale of goods in Sri Lanka. It discusses the following main points in 3 paragraphs:
1. It defines a sale of goods contract and outlines the 4 key elements required - a seller, buyer, goods, and consideration (price). It also distinguishes between existing, future, and ascertained/unascertained goods.
2. It discusses the terms that can be included in a sale of goods contract, including express terms agreed by the parties and implied terms that are automatically included by law. It defines conditions and warranties.
3. It outlines the implied conditions and warranties included in sale of goods contracts by operation of law,
The document provides an overview of the Sale of Goods Act of 1930 in India. Some key points:
- The Act governs transactions involving the sale of goods in India and defines a contract of sale as one where the seller transfers property rights in goods to the buyer in exchange for a price.
- For a contract of sale to be valid, there must be at least two parties (buyer and seller), a transfer or agreement to transfer ownership of goods, the subject matter must be goods as defined by the Act, and consideration in the form of a price must be present.
- A sale involves the immediate transfer of ownership, while an agreement to sell involves a future transfer subject to conditions. The risks and
The document summarizes key aspects of the Sale of Goods Act 1930 in India, including:
- Essential elements of a valid contract of sale are two parties (buyer and seller), goods, transfer of property, and price.
- Representations made by the seller and buyer can become conditions or warranties in the contract. Conditions going to the root of the contract allow terminating it, while breaches of warranty only permit damages.
- The Act establishes rules for determining when property transfers from seller to buyer, such as when goods are ascertained, specific goods contracts, and goods sent on approval.
- An unpaid seller has rights against goods, like lien and stoppage in transit, and against the buyer personally
The document discusses key aspects of contracts for the sale of goods under the Sale of Goods Act 1930 in India. It defines a contract of sale as one where the seller transfers ownership of goods to the buyer for a price. For a valid sale contract there must be two parties (buyer and seller), goods, transfer of ownership of the goods, and a price. The document outlines the differences between a sale, where ownership immediately transfers, and an agreement to sell, where ownership transfers at a later time. It also discusses implied conditions and warranties in sale contracts, as well as the rights of unpaid sellers and buyers.
The document discusses key concepts related to contracts of sale and consumer laws in India. It begins by defining a contract of sale under the Sale of Goods Act and outlines the essential elements, including two parties (buyer and seller), agreement to transfer property in goods from seller to buyer for a price. It also distinguishes between a sale and agreement to sell. The document then discusses implied conditions and warranties in contracts of sale, the difference between conditions and warranties, and key cases. It provides examples of various types of goods and concludes with an overview of a consumer's rights under consumer protection laws.
This document discusses key provisions of the Sale of Goods Act 1930 regarding the formation of contracts for the sale of goods. It defines a sale as a contract where the seller transfers property in goods to the buyer for a price. An agreement to sell is where property transfer occurs in the future or subject to conditions. A sale becomes an executed contract once consideration is paid, while an agreement to sell remains executory. The document outlines essential elements of a sale contract including bilateral agreement, monetary consideration, and transfer of goods. It distinguishes sales from agreements to sell and from other contracts like bailment and hire purchase.
The Sale of Goods Act, 1930 governs contracts for the sale of goods in India. It defines a contract of sale as one where the seller transfers ownership of goods to the buyer in exchange for a price. For a contract of sale to be valid, there must be at least two parties (a seller and buyer), a transfer or agreement to transfer ownership of goods, the goods must be movable property, and a price must be paid in money. A sale involves immediate transfer of ownership, while an agreement to sell involves future transfer. Breach of a condition allows rejection of goods, while breach of a warranty only allows damages unless treated as a condition.
This document discusses key concepts from the Sales of Goods Act 1930 in India, including the definition of a sale versus an agreement to sell, conditions and warranties, transfer of property, and rights of unpaid sellers. It notes that a sale involves immediate transfer of property, while an agreement to sell involves future transfer. Conditions refer to essential terms, and their breach allows contract repudiation, while warranties cover collateral terms and only allow damages claims. The document outlines implied conditions like title, description, fitness, merchantability, and custom. It also discusses implied warranties, the caveat emptor rule, and exceptions where sellers must disclose flaws.
The document provides an overview of the Sale of Goods Act of 1930 in India. It defines a contract of sale as the transfer of property in goods from a seller to a buyer for a price. It outlines the essential elements of a valid sale contract and distinguishes between a sale and agreement to sell. It also defines goods, classifies different types of goods, and discusses documents of title related to goods.
The document discusses key concepts from the Sales of Goods Act including:
- A contract of sale involves the transfer of ownership of goods from a seller to a buyer for a price. It can be a sale (immediate transfer of ownership) or agreement to sell (future transfer).
- Essentials of a valid contract of sale include two parties, goods as the subject matter, transfer of general property interest in the goods, and consideration in the form of money price.
- Goods can be existing, future, or contingent. Price must be in monetary terms but does not need to be fixed at the time of sale.
- Key rights and obligations depending on whether a sale or agreement to sell include risk
The document summarizes key aspects of the Sale of Goods Act 1930 in India. It defines a contract of sale as one where the seller transfers ownership of goods to the buyer for a price. A sale involves immediate transfer of ownership, while an agreement to sell involves future transfer. The act establishes rules for determining when ownership transfers. It also distinguishes conditions from warranties in a contract and implies certain conditions and warranties, such as the buyer's right to title and quiet possession of goods.
This document discusses key concepts related to contracts of sale under the Sale of Goods Act 1930 in India. It defines a contract of sale, differentiates between a sale and agreement to sell, and outlines the essential elements of a valid contract of sale. It also explains the differences between a sale and other related contracts such as hire purchase, bailment, gift, and indemnity/guarantee. The document discusses goods that are the subject of a contract of sale, conditions and warranties, passage of title, and rights and duties of buyers and sellers.
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[To download this presentation, visit:
https://www.oeconsulting.com.sg/training-presentations]
This PowerPoint compilation offers a comprehensive overview of 20 leading innovation management frameworks and methodologies, selected for their broad applicability across various industries and organizational contexts. These frameworks are valuable resources for a wide range of users, including business professionals, educators, and consultants.
Each framework is presented with visually engaging diagrams and templates, ensuring the content is both informative and appealing. While this compilation is thorough, please note that the slides are intended as supplementary resources and may not be sufficient for standalone instructional purposes.
This compilation is ideal for anyone looking to enhance their understanding of innovation management and drive meaningful change within their organization. Whether you aim to improve product development processes, enhance customer experiences, or drive digital transformation, these frameworks offer valuable insights and tools to help you achieve your goals.
INCLUDED FRAMEWORKS/MODELS:
1. Stanford’s Design Thinking
2. IDEO’s Human-Centered Design
3. Strategyzer’s Business Model Innovation
4. Lean Startup Methodology
5. Agile Innovation Framework
6. Doblin’s Ten Types of Innovation
7. McKinsey’s Three Horizons of Growth
8. Customer Journey Map
9. Christensen’s Disruptive Innovation Theory
10. Blue Ocean Strategy
11. Strategyn’s Jobs-To-Be-Done (JTBD) Framework with Job Map
12. Design Sprint Framework
13. The Double Diamond
14. Lean Six Sigma DMAIC
15. TRIZ Problem-Solving Framework
16. Edward de Bono’s Six Thinking Hats
17. Stage-Gate Model
18. Toyota’s Six Steps of Kaizen
19. Microsoft’s Digital Transformation Framework
20. Design for Six Sigma (DFSS)
To download this presentation, visit:
https://www.oeconsulting.com.sg/training-presentations
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https://rb.gy/usj1a2
Brian Fitzsimmons on the Business Strategy and Content Flywheel of Barstool S...Neil Horowitz
On episode 272 of the Digital and Social Media Sports Podcast, Neil chatted with Brian Fitzsimmons, Director of Licensing and Business Development for Barstool Sports.
What follows is a collection of snippets from the podcast. To hear the full interview and more, check out the podcast on all podcast platforms and at www.dsmsports.net
2. Definition of
'Goods'
Section 2 of Sale of
Goods Act 1957
• Every kind of movable
property other than
actionable claims and
money and 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 o,f,s
_
ale.
' r . ' r
4. S6(1) Sales of
Goods Act
Subject matter of the
contract/ Types of
goods
Existing
Goods
'goods owned by
the seller'
Future Goods
S.2
• Specific Goods
• 'goods identified and
agreed at the time the
contract is made'
• Unascertained
goods
• 'the goods exists but
it is not ascertained
yet at the time of the
contract is made
• 'goods which are to
be made
manufactured@
• produced @ acquired
• by the seller after the
making of the
contract
5. Defination of
Contracts of Sale
of Goods
r
S4(1) 2 of Sale of
Goods Act 1957
'..a contract whereby the
seller transfers @
agrees to transfer the
property in goods to the
buyer for a price...'
··----------------------
7. Time of Payment
Whether it is
i portant@
- n - o · t depends
• lat' as
1 e of
on the terms
of the contract
payment are
not important
Sales of
cods act
8. PRICING
Provides
that a
contract
of sale is
for 'price'
Price is
defined as
the money
consideration
for a sale of
goods
The price
may be
ascertained
,n a
number of
ways
9. Price (S 9 Sale of Goods Act)
Fixed by the contract itself
Fixed according to certain manner
agreed
[ -_ -_ -
Determined by the course of
[ .. d
_
e
_
a
_
l
i
n
_
g
_
b
_
e
_
t
w
_
e
_
e
_
n
_
t
_
h
_
e
_
p
_
a
_
r
t
_
i
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s _
...
Reasonable price
10. Terms of the Contract of Sale of Good
Need to be
understood
by parties,
the seller
and the
buyer
Can be an
ex press
term or
implied
term
Very
important
to
determine
the
intention of
both parties
Classified
into 2:
Condition
&
Warranties
11. Terms of the Contract
S12(2) : Condition
As a stipulation essential to
the main purpose of the
contract that may give the
right to repudiate the
contract
S12(3 ): Warranty
Is a stipulation collateral to the
main purpose of the contract
that may give the right to claim
for damages but not the right to
reject or repudiate the contract
12. Terms of the Contract
S12(2) : Condition
As a stipulation essential to
the main purpose of the
contract that may give the
right to repudiate the
contract
S12(3 ): Warranty
Is a stipulation collateral to the
main purpose of the contract
that may give the right to claim
for damages but not the right to
reject or repudiate the contract
13. Exception {When breach of 'condition' can be treated
as breach of warranty')
S13(1)
• When the buyer waives the
'condition' or elects to treat the
breach
.
13(2)
• Buyer has accepted the goods
• Where the contract is for
specific goods and the
property(ownership) of the
goods has transferred to the
buyer
I
14. Implied Terms
S15 Implied Condition
Must Correspond With
Description
14(b) Implied Warranty
As To Quiet
Possession
14(c) Implied Warranty
Free From
Encumbrances
S16 Implied Condition
As to Fitness For
Particular Purpose
S17 Implied Condition
In A Sale By Sample
15. S14 Sale of Goods Act
14(b) Implied Warranty As To Quiet Possession
*The buyer shall have & enjoy quiet possession of the goods without
any wrongful interference by a stranger or 3rd party or even by the
seller himself, claiming a right.
*Entitled the buyer to damages
16. S14 Sale of Goods Act
14(b) Implied Warranty As To Quiet Possession
*The buyer shall have & enjoy quiet possession of the goods without
any wrongful interference by a stranger or 3rd party or even by the
seller himself, claiming a right.
*Entitled the buyer to damages
17. S14(c) Sale of Goods Act
orencumbrance,
which laInfavour
of any.. party
Such fact is not
declared or made
known to the
buyer
Theseller laliable
for breachof
warrantyand
enllllt.d thebuyer
todanag•
The goods are free
from any charge,
which is in favour
of any 3rd party
Implied
Warranty Free
From
Encumbrance
s
Steinke v Edwards
19. S16 Implied Condition As to Fitness For Particular
Purpose
Caveat Emptor which means, the buyer
must beware. It is for the buyer to satisfy
himself as to the quality of the goods
purchase.
The buyer mustmake known to
the seller particular purpose,
which thegoodsare required
Exception : S16(1)(a) provides four
conditions, namely:
..
Thebuyerreliedon the seller's
skilland judgmenttosupply
suitable goods
..
The goods must be of a
description, which it is in the
course of the sellers' business to
supply
21. Exception
Does not apply if the
buyer has examined
the goods, by which
through that
examination, the buyer
might discover the
defects
However, if the defects
could not discovered by
any reasonable
examination, then the
implied conditions as to
the Merchantable
Quality apply.
22. S17 Implied Condition In A Sale By Sample
S17(1)
• Sample is use to describe the goods
to buyer
• The court has to determine whether
there is asale by sample or not
S17(2)
• Implied condition for contract of sale
when:
• a. The bulk shall correspond with
sample in quality
b.The buyer shall have reasonable
opportunity of comparing the bulk with
the sample
c. The goods are free from any defect
rendering them un merchantable,
which would not apparent on
reasonable examination of the sample
Godfrey v Perry
Drummond v Van Ngen
23. Transfer Of Property
It is important to
ascertain the time as
to when property in
goods passes to the
buyer because of :
• S26:Once the
property passes to
the buyer, the
buyer would bear
the risk even
though the goods
has been delivered
to the buyer
However, if the
delivery has been
delayed due to the
fault of the seller,
then the seller has
to bear the risk,
even though the
property has
passed to the
bu er.
If any party sought to
claim any right over
the property from a
3rd party, only the
person who has the
property in goods
may claim
• The seller would
only entitle to claim
for the price if the
property in goods
has passed to the
buyer
In order to determine
when the property in
goods is transferred
to the buyer it is
necessary to look at
the types of goods
being sold.
26. S 20 : Unconditional Contract
Requires that the
property in the goods
pass to the buyer
when the contract is
made.
27. S 21 Contract of Specific Goods
• Provides that when the seller is bound to do something to the goods
• For the purpose of putting them in a delivery state in a
contract of specific goods
• The property does not pass until such thing is done and
• The buyer takes note on this matter
30. '
S27 - S30 Sale of Goods Act
TRANSFER OF TITLE
31. As a general rule,
when a person
takes goods(a
buyer)
He or she gets
only the same
rights to the
goods as the
person from
whom he or she
took them.
32. Nemo Dat Quad Non Habet
Means that if goods are
bought from a person
who is not the owner, and
who does not sell them
under the owner's
authority, the buyer does
not acquire any title.
33. Exception to the nemo dat quad non habet
1. Estoppal - S27
2. Sale by mercantile agent - S27
3. Sale by one of joint owner - S28
4. Sale under a voidable titles- S29
5. Sale by a seller in possession after sale- S30(1)
6. Sale by a buyer in possession - S30(2)
34. Estoppel - S27
Where the owner by his conduct
Makes it appear to the buyer
that the person who sells the goods has his
The buyer obtains a good title because the
owner
Syarikat Batu Sinar Sdn. Bhd & Ors v Umbc
Finance Bhd & Ors
35. S a l e b y M e r c a n t i l e A g e n t - S 2 7
Where a mercantile agent is
With the consent of the owner
In possession of the goods or a
documents of title to the goods
•
If he were expressly authorized
By the owner of the goods to
make the same
• • •
And at the time of the contract of
sale
seller had not authority to se
-
ll
-
Would have no notice that the
36. • A 'mercantile agent'
• Define in section 2 of Sale of Goods Act 1957 as ' a
mercantile agent having in the customary course of
business as such agent authority either to sell goods, or
to consign goods for the purpose of sale, or to buy
goods, or raise money on the security of goods'.
• Folkes v King
37. S a l e b y o n e of j o i n t o w n e r - S 2 8
38. Sale Under a Voidable Titles- S29
Where the seller of
goods has obtained
possession under a
contract voidable of
Contract Act
But the contract has
been rescinded at the
time of the sale
The buyer acquires a
good title to the
goods
Without notice of the
seller's defect of title
39. Sale by a seller in possession after sale- S30(1)
Section 30(1) provides that:
• if a seller continues or is in possession of the goods or of the
documents of title to the goods,
• the delivery or transfer by that person, or by a mercantile agent
acting for him, of the goods or documents of title under sale, pledge,
or other disposition
• thereof to any person receiving in good faith
• and without notice of previous sale
• shall have the same effect as if the person making the delivery or
transfer were expressly authorized by the owner of
goods to make the same
• Pacific Motors Auctions Pty Ltd V Motor Credit Ltd
40. Sale by a buyer in possession- S30(2)
Provides that:
• if a buyer, having bought or agreed to buy goods,
• obtains with the consent of the seller
• possession of the goods or the documents of title to the goods,
• The delivery or transfer by that person or by a mercantile agent
acting for him of the goods or the documents of title under any sale,
• Pledge or disposition thereof to any person receiving the same in
goods faith
• and without notice of any lien or other right of the original seller in
respect of the goods shall have effect as if
such lien or right did not exist.
• Newtons of Wembley Ltd v Williams
42. S31 : Duties of Seller and Buyer
• It is the duty of the
seller to deliver the
goods
• It is duty of the buyer
to accept and pay for
them in accordance
with the terms of the
contract of sale
44. Where the seller delivers to
the buye the goods ne
contracted to sell mixed witn
goods of different descriRtion
not included in tne contract
537(3)
The buyer may:
Accept the goods
which are in
accordance with the
contract and reject the
rest
Reject the whole
Such delivery to
the carrier is prima
facie deemed to be
delivery of goods
to the buyer. ,.-
45.
46. Meaning of acceptance
S42 Sale of Goods Act
• He intimates to the seller that he has accepted them
• When the goods have been delivered to him and he does any act in
relation to them which is inconsistent with the ownership of the seller
• When after the lapse of reasonable time, he ratain the goods withput
intimating to the seller that he has rejected them
47. Buyer not bound to return rejected goods : S43
• Unless otherwise agreed, where goods are
delivered to the buyer and he refuses to accept
them, having the right to do so, he is not bound
to return them to the seller, but it is sufficient if
he intimates to the seller that he refuses to
accept them
48. Liability of buyer for neglecting or refusing
delivery of goods: S44
• When the seller is ready and willing to deliver the goods
and requests the buyer to take delivery, and the buyer
does not, within a reasonable time after such request,
take delivery of the goods, he is liable to the seller for
any loss occasioned by his neglect or refusal to take
delivery, and also a reasonable charge for the care and
custody of the goods.
49. S45 Sale of Goods Act 1957
RIGHTS OF UNPAID SELLER AGAINST THE GOODS
50. Unpaid seller defined : S45
a) When the whole of the price has not been paid
b) When a bill of exchange or other negotiable instrument
has been received as conditional payment, and the
condition on which it was has not been fulfilled
53. Unpaid Seller's Lien : 547
• The unpaid seller of goods who is in possession of them
is entitled to retain possession of them until payment or
tender of the price.
a) Where the goods have been sold without any stipulation
as to credit
b) Where the goods have been sold on credit, but the term
of credit has expired
c) Where the buyer becomes insolvent
54. Part Delivery : S48
• Where an unpaid seller has made part delivery of the
goods, he may exercise his right of lien on the
remainder, unless such part delivery has been made
under such circumstances as to show an agreement to
waive the lien.
55. Termination of lien - S49
a) When he delivers the goods to a carrier for
the purpose of transmission to the buyer
without reserving the right of disposal of the
goods
b) When the buyer or his agent lawfully obtains
possession of the goods
c) By the waiver thereof
57. Stoppage in transit - S50 Sale of Goods
He may resume possession of the
goods as long as they are in the
course of transit
58. S51 : Duration of Transit
• Goods are deemed to be in course of transit from the
time when they are delivered to a carrier for the
purpose of transmission to the buyer, until the buyer
or his agent in that behalf takes delivery of them
from such carrier.
59. How stoppage in transit is effected - S52
Taking actual possession of the goods or
''"
,,
By giving notice whose possession the goods
are
When notice of stoppage in transit is given by
the seller to the carrier in possession of the
goods, he shall redeliver the goods to or
according to the direction of the seller
61. Remedies available to a buyer when a seller is
in breach of a sale of goods contract
Damages for
none - delivery
• Where the seller wrongfully neglect or
refuses to deliver the goods to the buyer ,
the buyer may sue him for damages for- non
delivery
Action for specific
performance
Remedies for breach of
warranty
• The buyer may bring an action for specific
performance by delivery of specific or
ascertained goods
,,
• Where there is a breach of warranty by the
seller or where the buyer elects to treat any
breach of a condition as breach of warranty,
the buyer is not entitled to reject the goods.