Sales of goods act 1930Ranika chaudhary

What is saleArman 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.

Continue…..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 saleBuyer and sellerGoodsPriceTransfer of ownershipEssentials of a valid contract

Price

DefiniteIn terms of moneyRealistic

Goods

Existing goodsFuture goodsContingent goods

casesSami 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 PearlsRanjani bought synthetic pearls from a

shop “Aesthetics: A woman’s 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 woman’s Shop for Authentic Jewellery’.

Continue……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 warrantiesCondition 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 conditionsCondition as to the titleCondition as to descriptionCondition as to sale by sampleCondition as to quality and fitness for buyers

purpose-case of hot water bottle -case of coatCondition as to merchantability Condition as to wholesomeness-

milk,cheese,butter etc

Implied warrantiesWarranty as to quiet possessionWarranty to disclose dangerous nature of

goods