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Sale of Goods Act 1930

Sale of Goods Act 1930

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Published by dilfarazz

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Categories:Types, Business/Law
Published by: dilfarazz on Feb 18, 2010
Copyright:Attribution Non-commercial

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12/06/2012

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Sale Of Goods Act 1930
 
Section 4 – Sale and  Agreement to Sale
1.The contract of sale of goods is a contract whereby theseller transfers or agrees to transfer the property ingoods to the buyer for a price. There may be a contractof sale between one part owner and another.2.A contract of sale may be absolute or conditional.3.Where under a contract of sale the property in thegoods is transferred from the seller to the buyer, thecontract is called a sale, but where the transfer of property in the goods is to take place at a future time or subject to some conditions thereafter to be fulfilled, thecontract is called an agreement to sell.4.An agreement to sell becomes a sale when the timeelapses; all the conditions are fulfilled subject to whichthe property in the goods is to be transferred.
 
Section 4 – Sale and  Agreement to Sale
Examples:
The Section may be illustrated by the following examples:
A agrees to buy a haystack from B on B’s land with liberty tocome on B’s land to take it away. This is a sale and B cannotrevoke the licence given to A to woo on his land. (
Wood VsManley 1839)
Agreement by A to buy 20 tonnes of oil from the seller’s cisterns.The seller has many cisterns, with more than 20 tonnes in them.This is merely an agreement to sale. (
White Vs Wilks, 1813)
Agreement for sale of a quantity of nitrate of soda to arrive at acertain ship. This is an agreement to sell at a future date subjectto the double condition of the arrival of the ship with the specifiedcargo on board. (
Johnson Vs Macdonald 1842)
A customer who picks up goods in a self-service shop is merelyoffering to buy them and the sale is not complete until they arepaid for.
(Pharmaceutical Society Vs Boots, 1952)
 

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