Documenti di Didattica
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Prof: V. K. Agarwal
Visiting Faculty
Bilateral Contract
Money Consideration
Goods
Transfer of Property
Essential Elements of a Contract
Goods
Goods
Goods
Unascertained
Goods
Future Goods Means goods to be
manufactured or produced or
acquired by the seller after making of
the contract of sale.
Contingent goods the goods the
acquisition of which by the seller
depends upon a contingent event
which may or may not happen.
The Price
Price
Price
When
as to title
Sale of description
Sale by sample
Sale by description as well as samples
Condition as to fitness or quality
Condition as to Merchantability
Conditions implied by trade usuage
Conditions as to wholesomeness
Marketability.
Passing of Property
Transfer
Delivery to Carrier
Where
Transfer of Title
Sale
by mercantile agent,
Sale by joint owner,
Sale by person in possession under
voidable contract.
Seller in possession after sale.
Resale by an Unpaid Seller.
Performance of Contract
It
Mode of Delivery
Actual
delivery
Constructive delivery constructive delivery
may takes place in either of the three ways1. seller in possession of goods after sale
agrees to hold them on behalf of the buyer;
or 2. buyer is in possession of the goods and
the seller agrees to his holding the goods as
owner; or 3. a third person in possession of
goods acknowledges to the buyer that he is
holding them on his behalf.
Part Delivery
A
Place of Delivery
The place of delivery of goods may be specified in
the contract itself.
Where no place is specified in the contract, the
following shall apply:
a. in case of sale, goods sold are to be delivered at
the place at which they are at the time of sale,
b. in case of an agreement to sale, goods are to be
delivered at the place at which they are at the
time of agreement to sale
c. if at the time of agreement to sell the goods are
not in existence, they are to be delivered at the
place where they are manufactured or produced.
Delivery of Goods
Where
delivery,
Excess delivery,
Delivery of mixed goods,
Installment deliveries
Delivery to Carrier
Duty
to take delivery.
Duty to pay the price.
Duty to pay damages for nonacceptance.
Unpaid Seller
The
a.
b.
c.
d.
e.
To Buyer:
Goods are deemed to be in course of
transit from the time when they are
delivered to a carrier or a bailee, until
the buyer or his agent takes delivery.
The transit ends when the buyer or his
agent takes delivery of the goods from
the carrier before their arrival at the
appointed destination.
Acknowledgement
By Buyer:
- When the goods have arrived at their
destination and the carrier
acknowledges to the buyer or his
agent that he is now holding the
goods on his behalf, the transit is at
the end.
Rejection By Buyer
If
a.
b.
If
Damping
An
Problems
A applied for 500 equity shares in a Company C
Held:
A was liable for the balance sum to C or
Problem
A of Mumbai writes to a bookseller from New
Held
A cannot deny payment, since delivery
Problem
A agreed to pay Rs. 1,00,000 if B shifted
Held
Agreement in restraint of trade is void
Problem
A applies to a banker for a loan at a
Held
No,
Problem
A grocer supplied monthly ration for
Held
Grocer could recover the amount from
Problem
A flat was to be decorated and furnished
Held
The decorator can claim the balance
Problem
A purchased fruit jam bottle from B.
Held
The goods were not of
merchantable
quality .
A could recover the damages from B.
Duty of Care.
Defects
Any fault, imperfection or shortcoming in
Product Liability
The purpose of the Product Liability Law
Consumer Rights
Right to
Problem
C advances to B, his tenant, Rs. 2,000
Held
A is discharged from the liability to the
Void Contract
A void contract is one which is
short of all
legal effect. It cannot be enforced and
confers no rights on either party. Every
agreement of which the objects or
consideration is unlawful is void.
The consideration or object of agreement is
lawful unless:
It is forbidden by law, or if permitted it would
defeat the provision of law,
Void Contract
or
Is fraudulent
Involves or implies injury to the person or
property of another or,
The court regards it as immoral or opposed
to public policy
Contracts that restrict legal proceedings are
void, except the Arbitration proceedings.
Voidable Contracts
When consent to the agreement is caused
Voidable Contracts
The party to contract whose consent was
Contingent Contract
Two Parties
Object to compensate the loss
Nature reimbursement of loss
Nature of liability
- liability of indemnifier is
primary
Indemnifier acts independently
Indemnifier cannot sue third parties in his
own name.
Guarantee Contract
Three parties
To obtain loan, credit, job
For security of creditor
Liability of surety is
secondary
The surety gives guarantee on request
From creditor
The guarantor can sue the debtor after the
debt is discharged.
Delivery of Goods
Delivery is the transfer of possession from
Delivery of Goods
Constructive delivery takes place when the
Rules of Delivery
Delivery should have the effect of putting
Rules of Delivery
Where the goods at the time of sale are in
Rules of Delivery
The goods must be delivered at the
Goods
Sec. 2 (7) of the Act states goods means
Goods
An actionable claim is what a person
Goods
Goods may be Existing, Future or
Contingent
Existing Goods may be either specific or
generic or ascertained or unascertained.
Existing goods are specific goods which
are identified and agreed upon at the time
of contract of the sale.
Goods
Ascertained goods are either specific
goods at the time of contract or are
ascertained or identified to the contract
later on.
Generic or unascertained goods are
goods which are not specifically identified
but are indicated by description.
Goods
Future Goods are goods which will be
manufactured or produced or procured
by the seller after the making of the
contract to sale.
Contingent Goods: sale of goods the
acquisition of which by the seller depends
upon a contingency which may or may not
happen. Thus contingent goods are future
goods.
Goods
Perishing
of goods: In case of
contract to sale of specific goods, the
contract is void if the goods have
perished or become so damaged, but
in case of generic goods the contract
is not rendered void but is valid.
Seller is bound to buy them in market
and supply them.
Goods
In
The
In
The
Summary
Applicability
Amendments
Who is Consumer
Consumer of Goods who buys or
agrees to buy goods or any user of
such goods.
2. Consumer of Services hires or
avails any beneficiary of such
service.
1.
trade practice
Restrictive trade practice
Defects
Deficiencies
Delaying
in supplying goods/services
leading to rise in price.
Requiring a consumer to buy/hire any
goods or services as a precondition
for buying/hiring other goods or
services.
Defects
Any
fault, imperfection or
shortcoming in the quality, quantity,
potency, purity or standard which is
required to be maintained by or
under any law for the time being in
force or under any contract express
or implied or as is claimed by the
trader in any manner whatsoever in
relation to any goods.
Deficiency
Any
Consumer Rights
Right
Requisite of a complaint
Who
Essential Information
In The Application
Name
The
The