THE NATIONAL LAW INSTITUTE UNIVERSITY, BHOPAL

Project Synopsis

Law of Contracts-II

Topic: - Property in Goods and its Passing

Submitted to: - Submitted by: -

Ms. Neha Sharma Tejas Sateesha Hinder

(Faculty in Law of Contracts) (2018BALLB69)

Ashutosh Prasad

(2018BALLB64)

Sanchit Kaushik

(2018BALLB71)

Shambhavi Khare

(2018BALLB30)
Introduction

A sale of goods or property implies a transfer or passing of ownership to the buyer. The passing of
property is an important aspect to help determine the liabilities and rights of both the buyer and the
seller. Once a property is passed to the buyer, then the risk in the goods sold is that of the buyer and
not the seller. This is true even if the goods are in the possession of the seller. Let us learn more about
the passing of property in the Sale of Goods Act. The property in the goods is said, to be
transferred from the seller to the buyer when the latter acquires the proprietary rights over the
goods and the obligations linked thereto. 'Property in Goods' which means the ownership of
goods, is different from ' possession of goods' which means the physical custody or control of the
goods.

This project will look into the primary rules that govern the passing of property:

• Specific or Ascertained Goods

• Passing of Unascertained Goods

• Goods sent on approval or “on sale or return”

• Transfer of property in case of reservation of the right to disposal

Further, this project will bring out the effects of passing off property, and highlight the essentials
legislations with regard to the topic being dealt with.
Hypothesis

The transfer of property in the goods from the seller to the buyer is the essence of a contract of
sale. Therefore the moment when the property in goods passes from the seller to the buyer is
significant due to Ownership, risks following ownership, action against third parties, suit for
price and insolvency.

Statement of Problem
There is a fair lacking in the interpretation of legislations with regard to passing off of goods.
There exist some loopholes within the Sections of the Sale of Goods Act, 1930, which govern the
passing off of goods. The same have to be identified and brought to light.

Objectives

1. To understand the concept of passing off goods.

2. To understand the primary principles governing the passing off goods
3. To analyze and interpret the statutory provisions with regard to property and passing off
goods
4. To identify the loopholes existing in these statutory provisions

Method of Study

The proposed method of study for this research work is the doctrinal method.

Contents

1. Introduction
2. Primary principles and objectives governing passing off goods
3. Legislative framework governing passing off goods
4. Ascertained and specific goods
5. Unascertained and future goods
6. Effects of passing off property
7. The Right to disposal and its reservation
8. Transfer of title by non-consumer
9. Passing off risk and frustration

Conclusion

Bibliography