Sale of Goods Act 1930
Q.1. A-- Enumerate the essentials of a contract of sale. How does a contract of sale differ from an agreement to sell? Refer to decided cases. (b) Distinguish between the following: (i) Sale and Hire purchase. (ii) Sale and Barter. Ans. (a) Essentials of Contract of Sale of Goods; Section 4(1) of Sales of Goods Act says : "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." 1. The first essential of a contract of sale is that either there is the actual transfer of property i.e., ownership or there is an agreement, to transfer property on some future date on the fulfilment of some condition, e.g., payment of price on delivery of goods. etc. Where property, i.e., ownership passes immediately from the seller to the buyer, it is a sale but where the property is to pass on some future date, it is an agreement to sell. But both sale and an "agreement to sale&