Sale of Goods Act (AC)

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ALL STATE JUDICIARY
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ACT 1930
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SHIVANI SOLANKI
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Daily Targets
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1 Complete SOGA 1930
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2 Unpaid Seller, Auction Sale, Caveat emptor
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Basics of SOGA
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Sale Agreement to sell
Basis
(contract of sale) (contract for sale)
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Exchange of goods title
Partiesstyle
agree to exchange
Meaning for money takes the goods for a price at a
place immediately. future specified date
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Natureto editAbsolute
Master text styles Conditional
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Type Executed contract Executory contract
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Transfer of • Fourth
Takes
levelplace Doesn’t take place, until
risk •immediately.
Fifth level goods are transferred.
Transfers to the Remains with the seller as

Title of
buyer with the there is no transfer of
goods
transfer of goods. goods.
Right to
Buyer Seller
sell
It creates a right in It creates a right in
Right
rem. personam.
Right of
Right to sue for
unpaid Right to sue for damages.
the price.
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“let the buyer beware”

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Exceptions To The Rule Of Caveat emptor – u/s SOGA

1.Fitness for buyers purpose u/s 16(1)
2.Sale under Trade Name Proviso 16(1)
3.Merchantable quality u/s16(2)PRESENTATION TITLE
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PERFORMANCE OF CONTRACT
in accordance with the terms of the contract of
31. Duties of seller and buyer.
sale
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32. Payment Master
and delivery aretext
sellerstyles
shall be ready and willing to give possession
concurrent conditions. buyer shall be ready and willing to pay the price
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33. Delivery. by doing anything which the parties agree
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34. Effect of part delivery.
35. Buyer to apply for Seller of goods is not bound to delivery them until
delivery. the buyer applies for delivery
36. Rules as to delivery.
37. Delivery of wrong

quantity.
PERFORMANCE OF CONTRACT
38. Instalment deliveries. Only if agreed by Buyer
39. Delivery to Carr./Whrf is prima facie deemed to be a delivery of the goods to the buyer
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40. Risk to edit
where goodsMaster text
are the buyer shall,styles
if agreed, take any risk of deterioration in the goods
delivered at distant place. necessarily incident to the course of transit.
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41. Buyer’s right of Buyer is not deemed to have accepted them unless and until he has
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examining goods.
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buyer is deemed to have accepted the goods when-
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1. he intimates to the seller that he has accepted
2. when the goods have been delivered to him and he does any act in
42. Acceptance. relation to them which is inconsistent with the ownership of the
seller
3. after the lapse of a reasonable time, he retains the goods without
intimating to the seller that he has rejected them.
43. Buyer not bound to

Unless otherwise agreed
return rejected goods.
44. Liability of buyer for Buyer is liable to the seller for any loss occasioned by his neglect or
neglecting or refusing refusal to take delivery
delivery of goods.
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Sale of Goods Act (AC)

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Sale of Goods Act (AC)

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Transfers to the Remains with the seller as

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Exceptions To The Rule Of Caveat emptor – u/s SOGA

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36. Rules as to delivery.

37. Delivery of wrong

43. Buyer not bound to

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