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Ranika chaudhary

What is sale
Arman agreed to give his LCD to Manu in exchange of

his washing machine. Arman contracts to give his LCD for payment of Rs 20000. Arman contracts to give his LCD to Manu for a payment of 4000 and it will be returned to him after a year. Arman contracts to give his LCD to Manu for a payment of Rs 5000.manu will return whenever Arman repays Rs 5000 with interest.

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Arman left his LCD with Manu ,the mechanic for

repair. Arman left his LCD with Manu to make a cabinet for it.

Introduction
A contract whereby the seller transfers or agrees to transfer the property in goods to the buyer for a price

Essentials of a contract of sale


Buyer and seller
Goods Price

Transfer of ownership
Essentials of a valid contract

Price
Definite
In terms of money Realistic

Goods
Existing goods
Future goods Contingent goods

cases
Sami visited an e-shop, selected and bought two items, a shirt and an alarm clock paid for them with his credit card. The goods were delivered to him a week later. He had these problems. The web page described the shirt as 100% cotton but he found a label which read ,Cotton 70%,polyster 30%. Alarm clock Sami had purchased wake up brand ,model number 102A but it was not working.

Case: Imitation Pearls


Ranjani bought synthetic pearls from a shop Aesthetics: A womans shop thinking that they were natural pearls. The pearls were hung on stands with prices written on them. You could choose what you wanted. She wants to return back the pearls and claim her money back. The shop had a board saying Aesthetics: A womans Shop for Authentic Jewellery.

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Ranjani had asked the shopkeeper if the pearls were natural and he had said yes. The law required that the sale of imitation jewellery should carry a declaration that the items were imitations. The shop had made no declaration to this effect.

Implied conditions and warranties


Condition is a stipulation essential to the main

purpose of the contract, breach of which gives rise to right to repudiate the contract Warranty is stipulation collateral to the main purpose of the contract. Its breach only gives rise to claim for damages.

Implied conditions
Condition as to the title
Condition as to description Condition as to sale by sample

Condition as to quality and fitness for buyers purpose

-case of hot water bottle -case of coat Condition as to merchantability Condition as to wholesomeness-milk,cheese,butter etc

Implied warranties
Warranty as to quiet possession
Warranty to disclose dangerous nature of goods