SALES OF GOODS ACT,

1930
 Learning outcome

• Articulate the concept of sale and

agreement to sell.
 What is sale??
A sale is a type of contract in which the
seller transfers the ownership of goods to
the buyer for a money consideration
 LAW OF SALE OF GOODS
A contract of sale of goods is a contract whereby
the seller transfers (or agrees to transfer) the
property in goods to the buyer for a price.
-Sec 4(1)
 An actual Sale :-
In actual sale property in goods transfers
from sellers to buyers under the contract of
sale.
 Example :-
Miss. Rina enters into contract of sale of
horse in the hand of Mr. Guru against Rs.
30,000. Mr. Guru pays Rs. 30,000 to Miss.
Rina and she delivers her horse to Mr. Guru.
It is a sale.
 Agreement to Sell
Where the transfer of property, in the goods
is to take place at a future date
or
subject to some condition to be fulfilled, the
contract is called an agreement to sell.
 Example
Miss. Poonam agrees with Mr. Mirza to
sell him her house against Rs. 30 lac after
the construction next year.
Essentials of a Valid Sale
Essentials of a Valid Sale
Essentials of a Valid Sale
Essentials of a Valid Sale
SUBJECT-MATTER of CoS
• What are Goods ?
- every kind of movable goods

• What is not treated as goods ?

- immovable property
- money (current money not old rare coins)
- actionable claims (loan/debt)
 What are Goods??
’Goods’ means every kind of movable
property other than actionable claims and
money includes stock and shares, growing
crops, grass and things attached to or
forming part of the land which are agreed to
be severed before sale or under the contract
of sale. [Section 2(7)]
CLASSIFICATION of Goods
 CLASSIFICATION of Goods

1. Existing Goods
- Specific Goods
- Ascertained Goods
- Unascertained/generic Goods
• “Specific goods means goods identified
and agreed upon at the time the contract
of sale is made.”

A contract to sell a Nokia cell phone of a

particular model is a contract to sell a specific
good. In this case, the sale is for a specific good,
as the phone has been identified.
• An ascertained good is a part of the goods
that are available in bulk are specially
meant for sale.

Sheela owns 20 Maruti Cars. Uma enters into a

contract with Sheela to buy one car out of those
20 cars. After the contract one car is given to
Uma and this car will then be an ascertained
good.
• Unascertained goods are the goods that
are not specifically agreed upon at the
time of entering into the contract.

100 leather jackets are lying in the godown out

of this lot of 100 jackets 10 jackets are to be
bought by Bhawna, this is a contract for sale of
unascertained goods made by the leather jacket
manufacturer.
 CLASSIFICATION of Goods

2. Future Goods

Rama agrees to sell to Urmilla the entire

crop of sugarcane to be grown at her
farm in Uttar Pradesh for an amount of
Rs.2,00,000. Such type of agreement is
not a sale but an agreement to sell
future goods.
 CLASSIFICATION of Goods

3. Contingent Goods

Ravi agreed to sell 100 cotton shirts he

was importing from China provided his
ship arrived safely in time. In this
example, the cotton shirts are
contingent goods as their sale is
dependent upon the safe and timely
arrival of the ship.
7. No formalities to be observed
 Difference
between sale
and
agreement to sell
Goods owned or possessed by the seller are
called ---------------
A) Specific Goods
B) Ascertained Goods
C) Existing Goods
D) All of the above
Price of Sale of Goods should be
A) Fixed by the contract itself
B) Agreed to be fixed in a manner provided
by contract
C) Determined by the course of dealing
between parties
D) Any of above