The Sales of Goods Act 1930

Sales of Goods
Formation of
the Contract

Effects of
the Contract

Performance of
the Contract

Unpaid
seller

Suit for breach

of contract

Formation of the Contract

General
Contract of sale
It is a contract
whereby the seller
transfers or agrees
to transfer the
property in goods
to the buyer for a
price. It may be
absolute
for
conditional S.4

Formalities
contract

Subject-matter
of

the

A contract of sale is
made by an offer to buy
or sell goods for a price
and acceptance of such
offer.
Contract may
provide
immediate
delivery or immediate
payment or both S.5

Goods
which
form the
subject of
contract of
sale may
be either
existing or
future
goods S.6

A contract is
void, where
the
specific
goods, at the
time of the
contract,
perished
or
damaged
without
the
knowledge of
the seller. S.7

Subsequent to
agreement
to
sell
specific
goods, if the
goods
perish
before the risk
passes to the
buyer,
the
agreement
is
avoided. S.8

The Sales of Goods Act 1930

Sales of Goods
Formation of
the Contract

Effects of
the Contract

Performance of
the Contract

Unpaid
seller

Suit for breach

of contract

Formation of the Contract

Price

Price in a contract
of sale may be fixed
by the contract or
buyer shall pay the
seller a reasonable
price

S.9

In agreement to sell if
the price is to be
fixed by a third party
and valuation is not
made by such third
party, the agreement
is thereby avoided.
S.10

The Sales of Goods Act 1930

Sales of Goods
Formation of
the Contract

Effects of
the Contract

Performance of
the Contract

Unpaid
seller

Suit for breach

of contract

Formation of the Contract

Conditions and warranties
Stipulation
as to time is
of
the
essence fo
the contract
or
not
depends on
the terms of
the contract.
S.11

Condition
and
Warranty.
S.12
A condition
is
a
stipulation
essential to
the
main
purpose of
the contract.
S.12(2)

A warranty is
a stipulation
collateral to
the
main
purpose
of
the contract,.
S. 12(3)

Condition may
be treated as
warranty when
buyer waives
the condition
to be fulfilled
by the seller or
when contract
of sale is not
severable and
buyer
has
accepted the
goods. S.13

No implied warranty
or condition as to the
quality or fitness for
any
particular
purpose of goods
supplied under a
contract of sale
except-

Contract is
for sale by
sample
where
there is a
term in the
contract to
that effect.

*
buyer
makes
known to the seller
particular purpose.
* Goods
bought
by
description S.16

S.17

Effects of the Contract

Transfer of property
In
case
of
unascertained
goods,
no
property in the
goods
is
transferred
to
the buyer unless
the goods are
ascertained.
S.18

In
an
unconditional
contract for sale
of specific goods
in
deliverable
state,
the
property in the
goods passes to
the buyer when
the contract is
made. S.20

In contract for the

sale
of
unascertained or
future goods by
description when
goods of that
description and in
deliverable state
are
unconditionally
appropriated
to
the
contract,
property in goods
passes to the
buyer. S.23

When goods are

delivered to the
buyer or on sale
or return or
other
similar
terms,
the
property therein
passes to the
buyer
*when
signifies
acceptance
adopts
transaction.

he
or
the

* Expiration of
time fixed or of
reasonable time.
S.24

Normally
the
goods remain at
the sellers risk
until
the
property therein
is transferred to
the buyer. S.26

Effects of the Contract

Transfer of title
The
buyer
acquires
no
better title than
the seller, where
the seller is not
the owner of
goods or does
not sell them
with the consent
of the owner.
S.27

The buyer has

the title when he
buys in good
faith the property
in goods from
one of the jointowners who has
no authority to
sell. S.28

When the seller

has possession of
goods
under
voidable contract
and contract has
not
been
rescinded at the
time of the sale,
the buyer acquires
a good title. S.29

When the seller

has
the
possession
of
goods even after
the sale, and he
re-sells the same
to other buyer,
who buys in
good faith, he
has the title of
the goods. S.30