The Sale of Goods Is The Most Common of All Commercial Contracts
The Sale of Goods Is The Most Common of All Commercial Contracts
The Sale of Goods Is The Most Common of All Commercial Contracts
Propertymeans the
general property & not
merely a specific property.
GOODS form the subject of a contract of
sale. They mean every kind of movable
property other than actionable claims &
money, and include stock and shares,
growing crops, grass and things attached
to or forming part of the land which are
agreed to be severed before sale or under
the contract of sale.
Actionable claims can only be claimed or
enforced by action & not by taking physical
possession.
Money is legal tender.
The contract of sale of things forming part
description…..
Condition in a sale by
sample…
Conditions as to fitness &
quality (in the following cases only)….
Buyer makes known to the seller
the particular purpose for which
he requires the goods.
Buyer relies on the skill &
judgment of the seller
(The seller’s business is to supply
such goods whether he is the
manufacturer or producer or not)
Condition as to merchantability….
◦ Where goods are bought by
description from a seller who deals in
goods of that description (whether he
is manufacturer or producer or not),
there is an implied condition that the
goods shall be of merchantable
quality.
Merchantability means essentially that the
goods must be fit for the ordinary purpose for
which such goods are used.
Condition
as to
merchantability
When applied to food products, the
condition of fitness of
merchantability requires that the
goods should be wholesome, I.e. fit
for the purpose of consumption.
Warranty as to quiet
possession.
Warranty as to non-existence
of encumbrances.
Warranty as to disclosure of
dangerous nature of the
goods to the innocent buyer.
Option of the buyer…..
The toaster case…
Circumstances
are such that
goods cannot be returned ….
When the buyer has accepted the
goods & intimates to the seller.
When goods have been delivered
to the buyer & he does any act in
relation to them which is
inconsistent with the ownership
of the seller.
When,after the lapse of
reasonable time, the buyer
retains them for
unreasonably long time
without intimating, the seller
that he has rejected them….
By express agreement.
By course of dealings.
By customs & trade
usage.
LET THE BUYER
BEWARE
When the seller makes a
representation of fact, whether
innocent or fraudulent, regarding
the product….
When the seller actively conceals