Sales of Goods

contract
Group
 Content
Definition of sales of goods contract
Applicable law related to sales of goods
Requirements of a sales of goods contract
Cases related to requirements of a sales of goods contract
What is good
Classification of goods
Conditions implied in every contracts of sale of goods
Warranties implied in sales of goods
Nemo Dat Quod Non Habet
Cavet Emptor
Meaning of unpaid seller and rights of unpaid seller
conclusion
Definition of a sales of goods contract
(section 2.1)
A contract whereby the seller transfers or agrees to
transfer the property in goods to the buyer, for a money
consideration called the “price”.
Thus the two important elements in a sale of goods
contract are,

(1) the goods and

(2) the money consideration.
Applicable Laws related to Sales of
Goods
English law
Sale of Goods ordinance No.11 of 1896
Sales of Goods Act of 1893
 Requirements of a sales of goods
contract
Buyer
Seller Section 59
Good
Consideration (Price) - Section 9
Passing goods at the time of contract or in a future
date
 Cases related to requirements of a
sales of goods contract
St Albans city and DC Vs International computers LTD
Robinson Vs Graves
Griffin Vs Lee
According to the section 4 of the Ordinance, a contract
of sales of goods can occur in the following ways.

By written words

Verbally
Partly in writing and partly in verbally
Implied by the conduct of the parties
 What is Good?
According to the section 2 (7) the “Good” means,

“ Every kinds of movable property other that actionable

claim and money and includes stock and shares, growing
crops and things attach to or farming part of the land
which are agree to be served before sale or under the
contract of sales”
Classification of goods

Goods

Existing Future
goods goods

Un
Specific
acertained
goods
goods
Conditions implied in every contracts
of sale of goods
The seller has a right to sell the goods (Rowland V
Divali 1923)
Sale of goods by description (Moore & Co V Londoner &
Co 1912)
Sale of goods by description and sample (Nichol V
Godets)
 Mercantile quality of goods sold ( Wren V Holt 1703)
Sales of Goods by sample
 Warranties implied in sales of goods
This is implied in the absence of any agreements to the
contrary.
Warranty of quiet possession of the goods
Warranty of freedom from encumbrances
Warranty as to quality or fitness by usage of trade
Warranty of disclose dangerous nature of goods
 Nemo Dat Quod Non Habet
No one can give what he has not got. There is a general
rule of law no one can give what he has not got
 Cavet Emptor
The Doctrine of Cavet Emptor is an intergral part of
sales of goods Act. That mean let buyer to be
protected.
 Unpaid seller
 The seller to whom the full price of the goods sold has not
been paid.
 According to the section 38(1)
 The seller of goods is deemed to be an “unpaid seller”
within the meaning of this ordinance.
 when the whole of the price has not been paid or tendered.
 when a bill of exchange or other negotiable instrument has
been received as conditional payment, and the condition on
which it was received has not been fulfilled by reason of the
dishonor of the instrument or otherwise.
 Unpaid seller
The seller to whom the full price of the goods sold has not been paid.

According to the section 38(1)

The seller of goods is deemed to be an “unpaid seller” within the
meaning of this ordinance
-when the whole of the price has not been paid or tendered.
-when a bill of exchange or other negotiable instrument has been
received as conditional payment, and the condition on which it was
received has not been fulfilled by reason of the dishonor of the
instrument or otherwise.
 Rights of the Unpaid Seller
There are two types of right of unpaid sellers
Rights against the Goods
where the ownership of the goods has transferred to the
buyer
Rights against the Buyer
 Conclusion
In the Sales of Goods Act 1979 section 12(1) and (2), section
13(1), section 14(3) and section 15 show the relationship
between buyer and the seller. And this Act covers the issues,
duties of the parties in the result of a breached. The main
advantage from this Act is the customer can protect them self
from getting cheated and seller also has a difficulty to cheat
their customers.
 …THE END…
Thank for Your Attention
 Group members
W.G.N.Sandeepani – 16MAM5127
S.D.R.L.Dissanayaka – 16MAM5002
A.M.N.Kumara – 16MAM4907
K.A.D.H.Lakruwan – 16MAM4914
B.M.A.R.Bandaranayake - 16MAM4877
G.G.I.Maduwanthi – 16MAM5070
A.T.D.Madhuwanthi – 16MAM5064
P.R.C.Perera – 16MAM5098
M.Y.N.Perera – 16MAM5097
O.K.S.Hansana - 16MAM4896