Question 3 OR (b)
Sale and agreement to sell
6 marks
- Time to write
- About 12 minutes
From an older CBCS paper
Question
Question 3 OR (b) · 6 marksDefine sale and differentiate between sale and 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
Read from the question
- differentiate betweenSet the differences out in a table, basis by basis, not as two separate essays.
Write it in this order
- Read; underline the asks; jot your points 1 min
- 1 Definitions 2 marks 2 min
- 2 Differences 4 marks 8 min
- 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. When a contract of sale transfers the property in the goods from the seller to the buyer, it is a sale (s. 4(3)).
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. When the property is to pass at a later date, or only once some condition is later met, the contract is an agreement to sell; it turns into a sale when that time arrives or the conditions are met (s. 4(3), (4)).
| Basis | Sale | Agreement to sell |
|---|---|---|
| Transfer of property | Immediate | In future, or on a condition |
| Nature of contract | Executed | Executory |
| Risk of loss | On the buyer | On the seller |
| Seller's remedy on the buyer's default | Suit for the price | Suit for damages, unless the price is payable on a fixed day |
| Seller's insolvency | Buyer can claim the goods | Buyer only ranks as a creditor |
Where the 6 marks sit
| # | Component | Marks |
|---|---|---|
| 1 | Definitions | 2 |
| 2 | Differences | 4 |
| Total | 6 |
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