KURSELL V.

TIMBER OPERATORS AND CONTRACTORS

LIMITED(1927) 1K B.928

RAJIV GANDHI NATIONAL UNIVERSITY OF LAW,

PATIALA,PUNJAB
SUBMITTED TO – SUBMITTED BY –
Dr. Sangeeta Taak Kumar Saurabh
(Asst. professor of 18110
law) Group no -16
 INTRODUCTION
 The Indian Sale of Goods Act, 1930 is a Mercantile Law, which
came into existence on 1 July 1930, during the British Raj,
borrowing heavily from the Sale of Goods Act 1893.

 It is applicable all over India, except Jammu and Kashmir.

 The Sale of Goods Act, 1930 (hereinafter referred as the

"Act") deals with sale of goods regarding which provisions
were earlier contained in sections 76-123 of the Indian
Contract Act, 1872.

SCOPE OF SALE OF GOODS ACT, 1930
 The Sale of Goods Act, are primarily aimed at protecting the interests of
consumers in the matters of:

 (a) the time for payment and delivery of goods;

 (b) right to reject the goods or claim damages in
certain situations;
 (c) protection of title and possession of goods
purchased;
 (d) merchantability and fitness of goods, for the
purpose of their sale; and
 (e) correspondence of the goods sold with the
description or sample as offered by the seller.
TERMS & ESSENTIALS RELATED TO SALE OF GOODS ACT
 Two parties: there must be 2 distinct parties i.e. a buyer and a seller, to affect a
contract of sale and they must be competent to contract.
 Buyer’ means a person who buys or agrees to buy goods [Sec.
2(1)].
 ‘Seller’ means a person who sells or agrees to sell goods [Sec.
(13)].
 Goods: there must be some goods the property in which is or is
to be transferred from the seller to the buyer.
 Price: Price is an essential ingredient for all transactions of
sale and in the absence of the price or the consideration, the
transfer is not regarded as a sale
 Transfer of general property: There must be a transfer of
general property as distinguishes from special property in
goods from the seller to the buyer
KURSELL V. TIMBER OPERATORS AND CONTRACTORS LIMITED

 By the Sale of Goods Act, 1830, sec 17 "Where there is a contract for the
sale of specific or ascertained goods the property in them is transferred to
the buyer at such time as the parties to the contract intend it to be
transferred.“

 By sub-s. 2: "For the purpose of ascertaining the intention of the parties

regard shall be had to the terms of the contract, the conduct of the
parties, and the circumstances of the case.

 Kursell V. Timber Operators and Contractors Ltd. is one of the case laws
that also comes under the ambit of Sales of Goods Act,1930
FACTS OF THE CASE

 The seller agreed to sell all merchantable timber defined in

the agreement. The contract was to remain in force for 15
years. Forest expropriated by Latvian Government.

 Seller sued buyer for the price, but to succeed, had to prove
that property had passed.

 The seller argued that the goods were specific, and that
property had passed at the time the contract was made as
per s. 23(2).
JUDGEMENT OF THE CASE

 The goods had not been identified at the time of the contract. Only
trees conforming to certain measurements could be cut.

 The following written judgments were delivered in case by three

judges:-

 LORD HANWORTH M.R

 SCRUTTON L.J
 SARGANT L.J
THANK YOU!