He has all the place in the case of future right of unpaid seller goods. Delivery to carrier or wharfinger 40. Conditions and Warranties It is usual for both seller and buyer to make representations to each other at the time of entering into a contract of sale. It is supplemented by the definitions of movable and immovable property under § 3 36 and § 3 26 of the General Clauses Act, 1897. Whether a seller can sue for price? General property in goods means ownership of the goods. Right of stoppage in transit. Right of stoppage in transit 51.
Instalment Deliveries When there is a contract for the sale of goods to be delivered by stated instalments which are to be separately paid for, and either the buyer or the seller commits a breach of contract, it depends on the terms of the contract whether the breach is a repudiation of the whole contract or a severable breach merely giving right to claim for damages. It also examines the difference between English and Indian law on this issue. Remedy for breach of warranty 60. Special property in goods means possession of goods. Actual or physical delivery takes place where the goods are handed over by the seller to the buyer or his agent authorized to take possession of the goods. Acceptance of Goods by the Buyer Acceptance of the goods by the buyer takes place when the buyer: a intimates to the seller that he has accepted the goods; or b retains the goods, after the lapse of a reasonable time without intimating to the seller that he has rejected them; or c does any act on the goods which is inconsistent with the ownership of the seller, e. The ownership may transfer either immediately on completion of sale or sometime in future in agreement to sell.
Specific goods to be put into a deliverable state 22. Law Commission of India, Eighth Report on the Sale of Goods Act, 1930 1958 stating that, firstly under S. Goods must be ascertained 19. An offer to sell goods for a price, and c. Sale by person in possession under voidable contract 30.
Stipulations as to time 12. The goods must be free from any defect which renders them unmerchantable and which would not be apparent on reasonable examination of the sample. Subject to the provisions of this Act, when the buyer of goods becomes insolvent, the unpaid seller who has parted with the possession of the goods has the right of stopping them in transit, that is to say, he may resume possession of the goods as long as they are in the course of transit, and may retain them until payment or tender of the price. It is the owner who has to bear the risk and not the person who merely has the possession. He has to retain the goods entitling him to claim damages. In that case, the seller has to remove them. Exclusion of implied terms and conditions.
Reservation of right of disposal 26. Where the method pf packing has been described. It can not be treated as a gorund for rejecting the goods unless otherwise specified in the contract. The term includes future goods, specially manufactured goods, the unborn young of animals, growing crops, and other identified things attached to realty as described in Section 2-107. Delivery of wrong quantity 38. Section 9 says that The price in a contract of sale- may be fixed by the contract, or may be left to be fixed in manner thereby agreed, or may be determined by the course of dealing between the parties.
Anticipatory Breach Where either party to a contract of sale repudiates the contract before the date of delivery, the other party may either treat the contract as still subsisting and wait till the date of delivery, or he may treat the contract as rescinded and sue for damages for the breach. Where the buyer rightly rejects the goods, he is not bound to return the rejected goods to the seller. The duty of the seller is to deliver the goods and that of the buyer to accept the goods and pay for them in accordance with the contract of sale. A contract of sale may be absolute or conditional. The buyer must have become insolvent. The term does not include information, the money in which the price is to be paid, investment securities under Article 8, the subject matter of foreign exchange transactions, or choses in action.
Where there is an agreement to sell goods on the terms that the price is to be fixed by the valuation of a third party and such third party cannot or does not make such valuation, the agreement is thereby avoided: Provided that, if the goods or any part thereof have been delivered to, and appropriated by, the buyer, he shall pay a reasonable price therefor. But the goods must be in a deliverable state at the time of delivery or tender of delivery. Goods There must be some goods. Where no place is mentioned, the goods are to be delivered at a place at which they happen to be at the time of the contract of sale and if not then in existence they are to be delivered at the place at which they are manufactured or produced. Suit for damages for non-acceptance Sec.
Symbolic delivery is made by indicating or giving a symbol. Where the goods are of a perishable nature. Section 10 says that Where there is an agreement to sell goods on the terms that- the price is to be fixed by the valuation of a third party, and such third party cannot or does not make such valuation, the agreement is thereby avoided. Where the price is payable on a certain day regardless of delivery, the seller may sue for the price, if it is not paid on that day, although the property in the goods has not passed. Such notice may be given either to the person in actual possession of the goods or to his principal. A software program is a collection of instructions or commands that are given to a computer to perform a given task. Where the price is not determined in accordance with the foregoing provisions, the buyer shall pay the seller a reasonable price.
Unpaid seller's rights Unpaid Seller's Lien. The unpaid seller may exercise his right of stoppage in transit either by taking actual possession of the goods, or by giving notice of his claim to the carrier or other bailee in whose possession the goods are. Where there is a contract for the sale of goods to be delivered by stated instalments which are to be separately paid for, and the seller makes no delivery or defective delivery in respect of one or more instalments, or the buyer neglects or refuses to take delivery of or pay for one or more instalments, it is a question in each case depending on the terms of the contract and the circumstances of the case, whether the breach of contract is a repudiation of the whole contract, or whether it is a severable breach giving rise to a claim for compensation, but not to a right to treat the whole contract as repudiated. Delivery may be actual, constructive or symbolic. Representations which become a part of contract of sale are termed as stipulatuins which may rank as condition and warranty e. Commissioner of Sales Tax, Madhya Pradesh v.