The Sale of Goods Act, 1930
Statement of Objects and Reasons
Definitions and Essentials of
Short title, extent and commencement
Buyer and Seller
Documents of Title to Goods
Bill of Lading
Multimodal Transport Document
Formation of the Contract
Essentials of Sale
Define sale with the help of relevant
What do you mean by money consideration?
Sale and Contract for Work and Material
Write note on `goods'
Sale and Agreement to Sell
Distinguish between sale and agreement to
Sale and Hire Purchase
What is the difference between sale and
Formalities of the Contract
Subject-matter of Contract
Effect of Damage
What do you mean by effect of damage?
Discuss it in light of the provision given in section 7 of the Act.
What are the effects on contract if goods
perish before making the contract?
Goods perishing before Sale but after
Agreement to Sell
Discuss the determination of price with
the help of relevant case.
Agreement to Sell at Valuation
Conditions and Warranties
Stipulations as to Time
"Time stipulation for the payment is
not essence of the contract" substantiate
with relevant example.
Stipulations as to Time of Payment
Stipulation as to Time of Performance of
In which cases time is considered as
essence of the contract? Explain.
Condition and Warranty
Discuss conditions or warranties of a
contract of sale as given in section 12 of the Sale of Goods Act, 1930.
Baldry v. Marshall, (1925) 1 KB 260:
(1924) All ER Rep 515
We can find the illustration of Warranty in
the case; Harrison v.Knowles and Foster, (1917) 2 KB 606: (1918-19)
All ER Rep 306
3. Condition to be Treated as Warranty
Waiver by Buyer
Acceptance of Goods by Buyer
Implied undertaking as to title etc.
Can a buyer claim the price of goods if
it was found on possession that it was stolen and seller sold it knowingly?
Sale by Description
Under the provision of section 15 of the
Sale of Goods Act discuss the sale by description. Cite relevant cases also.
Sale by Sample
Discuss the provision of section 15 of
the Sale of Goods Act,which deals with `Sale by Sample'.
Conditions implied by way of Exceptions to
Rule of Caveat Emptor
What is the significance of the
exceptions of the rule `caveat emptor' in contract?
Division of section 16
Fitness for Buyer's Purpose
What do you mean by fitness for buyer's
purpose under section 16(1).
Sale under Trade Name
Sale to consumer statutory changes
Sale by Agent
Merchantable Quality [Section 16(2)]
What is merchantable quality of goods.
Purchase by Description
Write note on "Purchase by
Sale of Pictures: A General
Goods should not violate Applicable
Test of Merchantable Quality
Define and discuss the test of
Statutory Definition of
Conditions Implied by Trade Usage [Section
Express Warranty [Section 16(4)]
Sale by Sample
Discuss `Sale by Sample' with the help of
Bulk to Correspond with Sample
Opportunity to compare Bulk with Sample
Goods free from any defect, rendering them
Discuss under section 17 the requirement
of goods to be merchantable.
Buyer's State of Knowledge about Goods
Upto what extent a buyer is responsible
regarding his knowledge about the goods? Explain it with the help of
Effects of the Contract
Define `ascertained goods' and
differentiate it with `unascertained goods'.
Importance of transfer of property
Property passes when intended to pass
What are the circumstances in which it
can be said that the goods have been passed?
Sale of Specific Goods
Meanings of terms
Shankar Das v. Bhanna Ram, AIR
1926 Lah 606
Kursell v. Timber Operators and
Contractors Ltd.,(1926) 135 LT 223
Aluminium Industries Ltd. v.
Minerals and Metals Trading Corporation of India Ltd., MANU/TN/0836/1997 : AIR 1998 Mad 239
What do you mean by `deliverable state'
of goods? Discuss it in the light of provision of section 2(3).
Goods to be put in Deliverable State
What do you mean by "to put the
goods in deliverable state".Discuss it with the help of relevant cases.
Goods to be Weighed or Measured
Furnell, (1809) 2 Camp
240: 11 RR 704
Sothern, (1839) 48 RR 740
Shoshi Mohun Pal Chowdhry v. Nobo
Kristo Poddar, (1878) 4 ILR Cal 801
Sale of Unascertained Goods and
Appropriation (Section 23)
Some more points on Appropriation
Why it is mandatory on part of seller to
sort out the goods for appropriation of goods.
Appropriation without Buyer's Assent
Buyer's Assent may be Express or Implied
Appropriation _ Unconditional and Goods of
Delivery to a Carrier
Acknowledgement by Bailee
Goods Sent on Approval or `On Sale or
Return _ Section 24 of the Act says as
Delivery of Goods on Sale or Return
Is it essential on the part of buyer to
approve or `on sale or return' before the goods passes to the buyer?
Risk of Loss or Damage
Delivery on Sale or Return and Conditional
Reservation of right of disposal
Explain the provision of section 25 of
the Sale of Goods Act as"Where there is a contract for the sale of
specific goods or where goods are subsequently appropriated to the contract, the seller may,by the term of the contract or appropriation reserve the right of
disposal of the goods until certain conditions are fulfilled."
Transfer of Risk
When it is decided that risk of goods has
been transferred to buyer?Discuss it with the help of relevant cases.
Separation of Risk from Property
Delay in Delivery of Goods
Transfer of Title
Buyer is without Title when Sale is by a
Person who is not the Owner of the Title
Explain the meaning ofBuyer is
without title when sale is by a person who is not the owner of the
Nemo Dat Quod Non Habet
Explain the maxim nemo dat quod non habet
What do you mean by estoppel in the sale
of goods?Explain with the help of relevant cases.
Estoppel by Negligence
Sale by Mercantile Agent
Define `mercantile agent'.
In Possession as Mercantile Agent
With Owner's Consent
Must sell while acting as Mercantile Agent
Good faith and without Notice
Sale by one of Joint Owners
Sale by Person in Possession under Voidable
Seller under Voidable Title
What do you mean by sale by person who is
in possession of goods under voidable contract?
Goods must be Obtained in Pursuance of a Contract
Seller or Buyer in Possession after Sale
Seller in Possession after Sale [Section
Explain the conditions as mendtioned
under section 30(1).
Buyer in Possession before Sale [Section
Performance of the Contract
Duties of Seller and Buyer
Payment and Delivery, two Concurrent
Conditions (Section 32)
Do you agree with the facts that payment
and delivery in sale of goods are two concurrent conditions, to
be fulfilled in sale?
Readiness and Willingness
Delivery of Goods
What is symbolic delivery? Explain it
with the help of relevant cases.
Acceptance and Receipt
What is constructive delivery? Discuss it
with the help of some cases.
Effect of Part Delivery (Section 34)
Explain the effect of part delivery with
relevant case laws.
Buyer to apply for Delivery
Buyer's Duty to Apply for Delivery
Rules to Delivery [Section 36]
Define the rules of delivery.
Place of Delivery
What are the rules of delivery of goods?
Under provisions of section 36 of the Sale of Goods Act?
Time for Delivery
Duty of Seller to Dispatch
Delivery `as required'
Attornment of Bailee
Expenses of Delivery
Delivery of Wrong Quantity
Delivery of less Quantity of Goods
Delivery in Excess of Contract Quantity
Delivery of contractual goods together with
Failure in paying an Instalment
What would be the effect of non-payment
of an instalment on contract? Discuss with case laws.
Delivery to Carrier or Wharfinger
Delivery to Wharfinger or Carrier
Duty of Seller on Delivering Goods in a
Transit by Sea
Risk where Goods are delivered at a Distant
Buyer's Right of Examining the Goods
Can a buyer reject the goods after
delivery if he finds that the supplied goods do not commensurate with the
quality agreed at the time of contract? Explain it.
When it can be said that the goods have
been accepted by the buyer? Explain it with the help of
Time for Rejection
Buyer not bound to return Rejected Goods
Is buyer bound to return the rejected
Liability of Buyer for Neglecting or
Refusing Delivery of Goods
RIGHTS OF UNPAID SELLER AGAINST THE GOODS
`Unpaid seller' defined
Payment by Bill _ Conditional Payment
Payment by Credit Card
Unpaid Seller's Rights
What are the rights of unpaid seller?
Rights where Property Remains in the Seller
When lien exists
Lien Available though Seller has Parted
with Possession of Part of the Goods 100
Termination of Lien
Loss of Lien
Buyer Tortiously obtaining Possession
Waiver of lien
Waiver of lien by Wrongful Acts
Right of Stoppage in Transit
What are the grounds to invoke the
provisions of section 50 if the seller wants to stop the goods in
Duration of Transit
When a transit deemed to be at an end.
Explain in the light of provisions of section 51.
Delivery to the Buyer [Section 51(1)]
End of Transit before its Destination
Acknowledgement to the Buyer [Section
Rejection of Goods by Buyer [Section 51(4)]
Delivery to a Ship Chartered by a Buyer
Wrongful refusal to deliver the Goods
Part Delivery [Section 51(7)]
How Stoppage in Transit is Effected (Section
Notice to Principal
What are the ways by which the unpaid
seller stops the goods in transit?
Duties of the Carrier and the Seller
Effect of Sub-sale or Pledge by Buyer
Seller's rights do not get affected by the
Buyer's dealing with the goods
Transfer of the Bill of Lading
Discuss `transfer' of the bill of lading
with the help of relevant cases.
Sale not Generally Rescinded by Lien or
Stoppage in Transit (Section 54)
Further rights of the Unpaid Seller
against the Goods
Contract not Rescinded by the Buyer's
Default in Payment
The Seller's Right to Resale
Lawful Resale by the Seller
Suits for Breach of Contract
Suit for Price (Section 55)
Damages for non-acceptance [Section 56]
Damages for Breach of Contract
Discuss `damages for breach of contract'
and cite some cases relevant to it.
Damages for non-delivery (Section 57)
What are the remedies available for a
buyer if he doesn't get delivery of goods from the seller.
Duty of Mitigation
Specific Performance (Section 58)
What is specific performance? Describe it
under the provision of section 58 of the Sale of Goods Act.
Remedy for Breach of Warranty (Section 59)
Notice to Seller of Defective Condition
Resale by Buyer
Acceptance of Goods without Inspection
Repudiation of Contract before Due date
Measure of Damages
Measure of Damages when Goods are to be
Delivered by Instalments
Interest by way of Damages and Special
Damages (Section 61)
Exclusion of Implied Terms and Conditions
By Express Contract
Course of Dealing
Section 63 of the Act speaks about the
`Ring' or `knock-out'
Bidder's Right to Withdraw Bid
Auctioneer's Right not to Accept any Bid
In Contracts of Sale, Amount of Increased or
Decreased Taxes to be Added or Deducted (Section 64A)
Questions and Answers
Table of Cases
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