Question 3 (b)

Sale and agreement to sell

6 marks

Time to write
About 12 minutes

From an older CBCS paper

Question

Question 3 (b) · 6 marks

How is ‘Sale’different from ‘An Agreement to sell’ ?

Reworded from the university paper; the task is the same. The original paper belongs to the University of Delhi. See DU's question bank.

Before you write

Read off the question and its marks

12 minfor 6 marks

Read from the question

  • How is ‘Sale’differentSet the differences out in a table, basis by basis, not as two separate essays.

Write it in this order

  1. Read; underline the asks; jot your points 1 min
  2. 1 Definitions 2 marks 2 min
  3. 2 Differences 4 marks 8 min
  4. Check: every ask answered, key terms underlined 1 min

Easy marks

  • Definitions (step 1, 2 marks): a clear definition and a line on what it covers. It opens the answer, so it takes a minute or two.

Short on time? Cut step 2 short rather than leave anything out.

Try it first. About 12 minutes for 6 marks. Write it out, then open the solution.

Solution

Hover or tap a marked figure, like 72,000, to see how it is made and where else it appears.

Sale. Where the property in the goods passes to the buyer immediately, the contract is a sale.

Picture itSale and agreement to sell

1The sofa is paid for and ribboned—when it burns that night, the loss is the buyer's.

SaleProperty passes to the buyer at once; loss falls on the buyer.

2The chair is still under the carpenter's hammer—until it is finished and handed over, it burns as the seller's.

Agreement to sellProperty passes at a future time or on fulfilment of a condition; loss falls on the seller.

Agreement to sell. Where the property is to pass on a future date or on the fulfilment of some condition, the contract is an agreement to sell.

Differences:

BasisSaleAgreement to sell
Transfer of propertyImmediateIn future, or on a condition
NatureExecuted contractExecutory contract
Risk of lossOn the buyerOn the seller
Seller's remedy on defaultSuit for the priceSuit for damages
Seller's insolvencyThe official assignee cannot take the goods; he recovers the price from the buyerThe official assignee takes control of the goods; the price is not recoverable

Where the 6 marks sit

#ComponentMarks
1Definitions2
2Differences4
Total6
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