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What is goods?
- every kind of movable property other than
actionable claims and money, and includes stocks
and shares, growing crops …and things
attached..which are agreed to be severed before sale
GOODS
Future Ascertained/ Un -
Existing Specific ascertained
Perishing
Goods Goods Goods Goods
Goods
Sale must be distinguished from Agreement To
Sell.
Sec 4 (3) - where under a contract of sale the
property in the goods is transferred from the seller
to the buyer, the contract is called a sale, but
where the transfer of the property in the goods is
to take place at a future time or subject to some
agreement to be fulfilled, the contract is called an
agreement to sell.
Sec 4 (4) - agreement to sell becomes a sale when
time elapses or condition fulfilled
Difference btw SALE and ATS - in term of
remedies in case of breach.
TITLE
QUIET
CORRESPOND POSSESSION
WITH
OF
DESCRIPTION
GOODS
IMPLIED
FITNESS TERMS
UN
FOR ENCUMBERED
GOODS
PURPOSE
SALE
MERCHANTABLE BY
QUALITY
SAMPLE
1. TITLE
Sec 14(a) - requires the seller to have the rights to sell
the goods
Based on the rule - Nemo dat quod non habet - one
cannot gives what one does not have.
Breach will entitled the buyer to repudiate the contract
and recover the price in full even though he has used the
goods - Rowland v. Divall
• Has the right if the seller is in possession of the goods and to retain
them until payment is made
To create
lien • Sec 49 - circumstances where the seller will lose his lien.