ASSIGNMENT – Law of Contract-II

SUBJECT CODE: LLB 102

TOPIC – PASSING OF PROPERTY IN SALE OF GOODS ACT

Department of Law Trinity Institute of

Professional Studies

Submitted to: Submitted by:

Assistant Prof. Ms. Rashi Makhija Bhumika Bisht
Roll No. 70327903823 BA LLB 2023-2028
Semester: II Subject: Law Of Contract - II
 ACCKNOWLEDGEMENT

I would like to express my heartfelt gratitude to all those who have contributed to the completion
of this assignment.

First and foremost, I extend my deepest appreciation to my professor, Ms. Rashi Makhija, for her
invaluable guidance and unwavering support throughout the duration of this assignment.

I am also grateful for the support and resources provided by Trinity Institute of Professional
Studies. The conducive academic environment has played a crucial role in the successful
completion of this assignment.

Finally, I am grateful to my family members, classmates and friends for proofreading my work
and catching several errors.
 CERTIFICATE
This is to certify that Bhumika Bisht of Course BA LLB has successfully completed her
assignment on topic Passing Of Property In Sale Of Goods Act as prescribed by Assistant Prof
Ms. Rashi Makhija during the academic year 2023-2028 as per the guidelines given by
Department of Law Trinity Institute of Professional Studies .
 INDEX

S.NO TOPIC Pg NO.

INTRODUCTION

The Sale of Goods Act, 1930 is a well-established law that governs the sale and purchase of
movable goods in India. One of the critical aspects covered by this act is the concept of "passing
of property," which determines the point at which ownership and risk associated with the goods
are transferred from the seller to the buyer.
In this assignment, we will delve into the complexities of the passing of property under the Sale
of Goods Act. We will explore the different scenarios and conditions that determine when and
how the property in goods passes from the seller to the buyer. Additionally, we will examine the
implications of the passing of property, including the transfer of risk, the seller's right to sue for
the price, and the buyer's right to take possession of the goods.

The Sale of Goods Act, 1930

The Sale of Goods Act, 1930 is a legal statute that governs the sale and purchase of movable
goods in India. It was enacted to codify the laws relating to the sale of goods, providing a
comprehensive framework for commercial transactions involving the transfer of ownership of
movable properties.
Key aspects of the Sale of Goods Act, 1930:
1. Definition and essentials of a contract of sale:
 The Act defines a contract of sale and outlines the essential elements required for a
valid contract.
2. Transfer of property:
 It provides rules and conditions for determining when the property in goods passes
from the seller to the buyer, including the transfer of risk.
3. Conditions and warranties:
 The Act distinguishes between conditions and warranties in a contract of sale and
outlines the remedies available for breach of conditions or warranties.
4. Unpaid seller's rights:
 It specifies the rights of an unpaid seller against the goods and the buyer, including
the right of lien, stoppage in transit, and resale.
 5. Delivery of goods:
 The Act defines the rules and obligations related to the delivery of goods, including
the duties of the seller and buyer, and the consequences of non-delivery.
6. Implied conditions and warranties:
 It outlines the implied conditions and warranties applicable to contracts of sale, such
as the condition of merchantable quality and fitness for purpose.
7. Sale by non-owners:
 The Act addresses situations where goods are sold by non-owners and provides rules
for determining the validity of such sales.
8. Auction sales:
 It covers specific provisions related to auction sales, including the bidding process
and the rights and obligations of parties involved.
The Sale of Goods Act, 1930 is a fundamental piece of legislation that provides a legal
framework for commercial transactions involving the sale and purchase of movable goods. It
aims to promote clarity, certainty, and fairness in such transactions, while also protecting the
rights and interests of both buyers and sellers.