Question 4 (a)

Contract of sale; sale and agreement to sell

6 marks

Time to write
About 12 minutes
Topic
Contract of sale, goods and property

Question

Question 4 (a) · 6 marks

As per the Sale of Goods Act, 1930, define the term 'Contract of Sale'. Differentiate a sale 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

  • DefineA precise definition in one or two lines.

Write it in this order

  1. Read; underline the asks; jot your points 1 min
  2. 1 Contract of sale; sale and agreement to sell defined 3 marks 5 min
  3. 2 Differences 3 marks 5 min
  4. Check: every ask answered, key terms underlined 1 min

Short on time? Trim steps 1 and 2 evenly rather than skip one: each is capped at its own marks.

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.

Contract of sale (s. 4(1), Sale of Goods Act, 1930). A contract under which the seller transfers, or agrees to transfer, ownership of goods to the buyer for a price. Its essentials are: two parties (seller and buyer, who must be different persons); goods (movable property) as the subject matter; a price in money (though the consideration may be partly in money and partly in kind); and a transfer of property in the goods, or an agreement to transfer it. The contract may be absolute or conditional, and it must also have the other elements of a valid contract, such as free consent, competent parties, a lawful object and consideration.

Picture itContract of sale; sale 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.

Sale. Where a contract of sale passes the property in the goods from the seller to the buyer at once, the contract is called a sale (s. 4(3)).

Agreement to sell. Where the transfer of property is to take place at a future time or subject to a condition later to be fulfilled, the contract is an agreement to sell. It becomes a sale when the time elapses or the condition is fulfilled (s. 4(4)).

Differences. On risk, the rule that it follows the property is a prima facie rule only: it holds unless the parties agree otherwise.

BasisSaleAgreement to sell
Transfer of propertyProperty passes to the buyer at onceProperty passes at a future time or on fulfilment of a condition
Nature of contractAn executed contractAn executory contract
RiskPasses to the buyer with the property (prima facie), so loss falls on the buyerRemains with the seller, so loss falls on the seller
Nature of rightsJus in rem: rights against the whole worldJus in personam: rights against the other party only
Remedy of the sellerSuit for the priceSuit for damages (or for the price where it is payable on a stated day irrespective of delivery)
Right of resaleThe seller cannot resell (subject to the exceptions in the Act)The seller may sell to another and is liable only in damages
Insolvency of the sellerThe official assignee cannot take the goods, which belong to the buyer; he can only recover any unpaid price from the buyerThe goods pass under the official assignee's control, and the buyer cannot claim them
Insolvency of the buyerThe seller must deliver the goods to the official receiver unless he has a lienThe seller may refuse to deliver until paid

Where the 6 marks sit

#ComponentMarks
1Contract of sale; sale and agreement to sell defined3
2Differences3
Total6
Keyboard: ← → previous and next question, / search

Report a problemopens an email to admin@getkunji.com with the question ID7503-Q4aalready filled in.