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PRESTIGE INSTITUTE OF
     MANAGEMENT

                           Presentation
                               on
                       Contract of sale
Presented to:-
Prof. Richa Banerjee


Presented by:-
Radhika Shandilya
Annie Jetwani
Ritu Agarwal
Contract of Sale




Section 4 (1) of the Sale of Goods Act, 1930 defines the term
  as a contract of sale of goods is a contract whereby the
  seller transfers or agrees to transfer the property in goods
  to the buyer for a price
Essentials of Contract of Sale

   There must be at least two parties

   The subject matter of the contract must necessarily be
    goods

   A price in money (not in kind) should be paid or
    promised

   A transfer of property in goods from seller to the buyer
    must take place

   A contract of sale must be absolute or conditional

   All other essential element of a valid contract must be
Characteristics……
 •Buyer and seller:-The person who buys the goods or makes
 an agreement to buy is called the buyer. & the person who sells the
 goods or makes an agreement to sell is called the seller

 •Goods:- The subject matter of the contract of the sale is
 essential the goods are movable property other than the actionable
 claim and money

 •   Price:-   Goods are always sold for a price

 •Transfer of ownership:- The transfer of ownership can be
 at the time of making the contract or it can be at future date
Sale:- Acc. to Section      4(3) of the Sale of Goods Act, 1930 as- “where under a
contract of sale the property in the goods is transferred from the seller to the buyer



Agreement to Sell:- Acc. To section 4(3) of the Sale of Goods Act,1930
where under the contract of sale the transfer of property in the goods is to take place at
a future time or subject to some condition thereafter to be fulfilled
Diff. between Sale & Agreement to Sale

Basic of diff.          Sale                      Agreement to sell


Transfer of ownership   The ownership of          The ownership of
                        goods is transferred to   goods is not
                        the buyer at the time     transferred to the
                        of contract is made       buyer at the time of
                                                  contract but later
Right of usage          The buyer has the       It is only a contract
                        rights to use the goods b/w the buyer, it is
                        he buys                 done only the goods is
                                                transferred

Consequences of         The seller can sue the    Seller can sue only for
breach                  buyer for payment         damages

Risk of loss            Any loss against the   Any loss against the
                        goods is bear by buyer goods is bear by seller
Contract of sale v/s other
contract
   Sale v/s barter:- when goods are exchanged for
    goods is known as barter deal. A sale implies reimbursement
    for goods sold in terms of money, so in this case barter deal is
    not a sale

   Sale v/s gift:- in case of gift the transfer of ownership
    does not involve any kind of expense

   Sale v/s bailment:- the buyer acquires the
    possession of goods from the seller but does not become the
    lawful owner of the goods, in bailment one person is the
    bailor who give the possession of the goods to another for a
    specific objective, after fulfill the objective the bailee is bound
    to return the goods back to bailor
Types of goods…



                          Goods




                        Future goods   Contingent
   Existing goods
                                         goods



   Specific         Generic
    goods            goods
   Existing goods:- These are those goods that are owned
    by seller at the time of making the contract
-   Specific goods:- These are those goods that are
    identified by both the parties
-   Generic goods:-Existing goods that have not been
    specifically identified by the parties
   Future goods:- Goods that are not in the possession of
    the seller at the time of the contract
   Contingent goods:- These are same future goods, the
    acquisition of which by the seller is dependent on a
    contingency which may or may not happen
THANK
YOU!!!!!

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contract of sale

  • 1. PRESTIGE INSTITUTE OF MANAGEMENT Presentation on Contract of sale Presented to:- Prof. Richa Banerjee Presented by:- Radhika Shandilya Annie Jetwani Ritu Agarwal
  • 2. Contract of Sale Section 4 (1) of the Sale of Goods Act, 1930 defines the term as a contract of sale of goods is a contract whereby the seller transfers or agrees to transfer the property in goods to the buyer for a price
  • 3. Essentials of Contract of Sale  There must be at least two parties  The subject matter of the contract must necessarily be goods  A price in money (not in kind) should be paid or promised  A transfer of property in goods from seller to the buyer must take place  A contract of sale must be absolute or conditional  All other essential element of a valid contract must be
  • 4. Characteristics…… •Buyer and seller:-The person who buys the goods or makes an agreement to buy is called the buyer. & the person who sells the goods or makes an agreement to sell is called the seller •Goods:- The subject matter of the contract of the sale is essential the goods are movable property other than the actionable claim and money • Price:- Goods are always sold for a price •Transfer of ownership:- The transfer of ownership can be at the time of making the contract or it can be at future date
  • 5. Sale:- Acc. to Section 4(3) of the Sale of Goods Act, 1930 as- “where under a contract of sale the property in the goods is transferred from the seller to the buyer Agreement to Sell:- Acc. To section 4(3) of the Sale of Goods Act,1930 where under the contract of sale the transfer of property in the goods is to take place at a future time or subject to some condition thereafter to be fulfilled
  • 6. Diff. between Sale & Agreement to Sale Basic of diff. Sale Agreement to sell Transfer of ownership The ownership of The ownership of goods is transferred to goods is not the buyer at the time transferred to the of contract is made buyer at the time of contract but later Right of usage The buyer has the It is only a contract rights to use the goods b/w the buyer, it is he buys done only the goods is transferred Consequences of The seller can sue the Seller can sue only for breach buyer for payment damages Risk of loss Any loss against the Any loss against the goods is bear by buyer goods is bear by seller
  • 7. Contract of sale v/s other contract  Sale v/s barter:- when goods are exchanged for goods is known as barter deal. A sale implies reimbursement for goods sold in terms of money, so in this case barter deal is not a sale  Sale v/s gift:- in case of gift the transfer of ownership does not involve any kind of expense  Sale v/s bailment:- the buyer acquires the possession of goods from the seller but does not become the lawful owner of the goods, in bailment one person is the bailor who give the possession of the goods to another for a specific objective, after fulfill the objective the bailee is bound to return the goods back to bailor
  • 8. Types of goods… Goods Future goods Contingent Existing goods goods Specific Generic goods goods
  • 9. Existing goods:- These are those goods that are owned by seller at the time of making the contract - Specific goods:- These are those goods that are identified by both the parties - Generic goods:-Existing goods that have not been specifically identified by the parties  Future goods:- Goods that are not in the possession of the seller at the time of the contract  Contingent goods:- These are same future goods, the acquisition of which by the seller is dependent on a contingency which may or may not happen