SALE AND AGREEMENT TO SELL

TRANSFER OF PROPERTY
SALE –PROPERTY IN THE GOODS PASSES FROM THE SELLER TO
THE BUYER IMMEDIATELY SO THAT THE SELLER IS NO MORE
THE OWNER OF THE GOODS
AGREEMENT TO SELL-TRANSFER OF PROPERTY IN THE GOODS
IS TO TAKE PLACE AT A FUTURE TIME OR SUBJECT TO CERTAIN
CONDITIONS TO BE FULFILLED.
TYPE OF GOODS
A SALE CAN BE IN THE CASE OF EXISTING
GOODS
AGREEMENT TO SELL –FUTURE AND
CONTINGENT GOODS

RISK OF LOSS
SALE-IF GOODS ARE DESTROYED THE LOSS
FALLS ON THE BUYER EVEN THOUGH THE
GOODS ARE IN THE POSSESSION OF THE
SELLER
AGREEMENT TO SELL –LOSS FALLS ON THE
SELLER EVEN THOUGH THE GOODS ARE IN
THE POSSESSION OF BUYER
CONSEQUENCES OF BREACH
SALE- IF BUYER FAILS TO PAY THE PRICE OR
IF THERE IS BREACHOF CONTRACT ,SELLER
CAN SUE FOR THE PRICE
AGREEMENT TO SELL-BREACH OF
CONTRACT BY THE BUYER ,SELLER CAN
ONLY SUE FOR DAMAGES.

RIGHT TO RESELL
IN A SALE THE SELLER CANNOT RESELL THE
GOODS.
AGREEMENT TO SELL –IN CASE OF RESALE
THE BUYER WHO TAKES THE GOODS FOR
CONSIDERATION ,HE GETS GOOD TITLE TO
THE GOODS.
GENERAL AND PARTICULAR PROPERTY
SALE CREATES JUS IN REM

AGREEMENT TO SELL
JUS IN PERSONAM
GIVES THE RIGHT TO THE BUYER AGAINST THE SELLER
TO SUE FOR DAMAGES
INSOLVENCY OF THE BUYER
SALE-BUYER BECOMES INSOLVENT BEFORE HE PAYS FOR
THE GOODS ,SELLER MUST RETURN TO OFFICIAL
RECEIVER
AGREEMENT TO SELL –SELLER IS NOT BOUND TO PART
WITH THE GOODS.

INSOLVENCY OF SELLER
SALE-BUYER ENTITLED TO RECOVER GOODS FROM
OFFICIAL RECEIVER
AGREEMENT TO SELL-BUYER CAN CLAIM A RATEABLE
DIVIDEND