CAIIB · BRBL

Meaning and Essentials of a Contract of Sale

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Q

What is the definition of a 'contract of sale' under the Sale of Goods Act, 1930?

A

A contract of sale is a contract whereby the seller transfers or agrees to transfer the property in goods to the buyer for a price. It includes both a sale and an agreement to sell.

Q

Under which Act is the contract of sale of goods governed in India?

A

The Sale of Goods Act, 1930 governs contracts of sale.

Q

What is the difference between a 'sale' and an 'agreement to sell'?

A

In a sale, property in goods passes to the buyer immediately at the time of the contract, whereas in an agreement to sell, the transfer of property is to take place at a future time or subject to certain conditions.

Q

What is the minimum number of parties required to form a contract of sale?

A

A contract of sale requires at least two parties: buyer and seller.

Q

When does an 'agreement to sell' become a 'sale'?

A

An agreement to sell becomes a sale when the time elapses or the conditions subject to which the property in the goods is to be transferred are fulfilled.

Q

What type of consideration is essential in a contract of sale of goods?

A

Price in money (not goods) is the essential consideration in a sale.

Q

What are the essential elements of a valid contract of sale?

A

The essentials are: two parties (buyer and seller), goods as subject matter, transfer of property in goods, price (money consideration), and all essentials of a valid contract under the Indian Contract Act, 1872.

Q

What section of the Sale of Goods Act, 1930 defines a contract of sale?

A

Section 4 of the Sale of Goods Act, 1930 defines a contract of sale.

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