Bare Act Search Results

Sale of Goods Act, 1930 Complete Act

State: Central

Year: 1930

.....identified and agreed upon at the time a contract of sale is made; and (15) expressions used but not defined in this Act and defined in the Contract Act, 1872, have the meanings assigned to them in that Act. Section 3 Application of provisions of Act 9 of 1872 The unrepealed provisions of the Contract Act, 1872, save insofar as they are inconsistent with the express provisions of this Act, shall continue to apply to contracts for the sale of goods. CHAPTER 2 FORMATION OF THE CONTRACT Section 4 Sale and agreement to sell (1) A contract of sale of goods is a contract whereby the seller transfers or agrees to transfer the property in goods to the buyer for a price. There may be a contract of sale between one part-owner and another. (2) A contract of sale may be absolute or conditional. (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 condition thereafter to be fulfilled, the contract is called an agreement to sell. (4) An agreement to sell becomes a sale when the time elapses or.....

Sale of Goods Act, 1930 Chapter VII

Title: Miscellaneous

State: Central

Year: 1930

.....dealing between the parties, or by usage, if the usage is such as to bind both parties to the contract. Section 63 - Reasonable time a question of fact Where in this Act any reference is made to a reasonable time, the question what is a reasonable time is a question of fact. Section 64 - Auction sale In the case of sale by auction-- (1) where goods are put up for sale in lots, each lot is prima facie deemed to be the subject of a separate contract of sale; (2) the sale is complete when the auctioneer announces its completion by the fall of the hammer or in other customary manner; and, until such announcement is made, any bidder may retract his bid; (3) a right to bid may be reserved expressly by or on behalf of the seller and, where such right is expressly so reserved, but not otherwise, the seller or any one person on his behalf may, subject to the provisions hereinafter contained, bid at the auction; (4) where the sale is not notified to be subject to a right to bid on behalf of the seller, it shall not be lawful for the seller to bid himself or to employ any person to bid at such sale, or for the auctioneer knowingly to take any bid from the seller or any such.....

Sale of Goods Act, 1930 Section 62

Title: Exclusion of Implied Terms and Conditions

State: Central

Year: 1930

Where any right, duty or liability would arise under a contract of sale by implication of law, it may be negatived or varied by express agreement or by the course of dealing between the parties, or by usage, if the usage is such as to bind both parties to the contract.

Sale of Goods Act, 1930 Chapter II

Title: Formation of the Contract

State: Central

Year: 1930

.....are fulfilled subject to which the property in the goods is to be transferred. Section 5 - Contract of sale how made Formalities of the contract (1) A contract of sale is made by an offer to buy or sell goods for a price and the acceptance of such offer. The contract may provide for the immediate delivery of the goods or immediate payment of the price or both, or for the delivery or payment by instalments, or that the delivery or payment or both shall be postponed. (2) Subject to the provisions of any law for the time being in force, a contract of sale may be made in writing or by word of mouth, or partly in writing and partly by word of mouth or may be implied from the conduct of the parties. Section 6 to 8 - Subject-matter of contract Section 6 - Existing or future goods (1) The goods which form the subject of a contract of sale may be either existing goods, owned or possessed by the seller, or future goods. (2) There may be a contract for the sale of goods the acquisition of which by the seller depends upon a contingency which may or may not happen. (3) Where by a contract of sale the seller purports to effect a present sale of future goods, the contract.....

Sale of Goods Act, 1930 Section 16

Title: Implied Conditions as to Quality or Fitness

State: Central

Year: 1930

.....are required, soas to showthat the buyer relies on the seller's skill or judgment, and the goods are of adescription which it is in the course of the seller's business to supply (whetherhe is the manufacturer or producer or not), there is an implied condition thatthe goods shallbe reasonably fit for such purpose: Providedthat, in the case of a contract for the sale of a specified article under itspatent or othertrade name, there is no implied condition as to its fitness for any particularpurpose. (2) Where goods are bought by description from aseller who deals in goods of that description (whether he is the manufactureror producer or not), there is an implied condition that the goodsshall be ofmerchantable quality: Providedthat, if the buyer has examined the goods, there shall be no implied condition as regards defectswhich such examination ought to have revealed. (3) An implied warranty or condition as to quality orfitness for a particular purpose may be annexed by the usage of trade. (4) An express warranty or condition does notnegative a warranty or condition implied by this Act unless inconsistenttherewith.

Sale of Goods Act, 1930 Chapter IV

Title: Performance of the Contract

State: Central

Year: 1930

.....to be delivered at the place at which they are at the time of the agreement to sell or if not then in existence, at the place at which they are manufactured or produced. (2) Where under the contract of sale the seller is bound to send the goods to the buyer, but no time for sending them is fixed, the seller is bound to send them within a reasonable time. (3) Where the goods at the time of sale are in the possession of a third person, there is no delivery by seller to buyer unless and until such third person acknowledges to the buyer that he holds the goods on his behalf: Provided that nothing in this section shall affect the operation of the issue or transfer of any document of title to goods. (4) Demand or tender of delivery may be treated as ineffectual unless made at a reasonable hour. What is a reasonable hour is a question of fact. (5) Unless otherwise agreed, the expenses of and incidental to putting the goods into a deliverable state shall be borne by the seller. Section 37 - Delivery of wrong quantity (1) Where the seller delivers to the buyer a quantity of goods less than he contracted to sell, the buyer may reject them, but if the buyer accepts the goods.....

Sale of Goods Act, 1930 Section 37

Title: Delivery of Wrong Quantity

State: Central

Year: 1930

(1) Where the seller delivers to the buyer a quantity of goods less than he contracted to sell, the buyer may reject them, but if the buyer accepts the goods so delivered he shall pay for them at the contract rate. (2) Where the seller delivers to the buyer a quantity of goods larger than he contracted to sell, the buyer may accept the goods included in the contract and reject the rest, or he may reject the whole. If the buyer accepts the whole of the goods so delivered, he shall pay for them at the contract rate. (3) Where the seller delivers to the buyer the goods he contracted to sell mixed with goods of a different description not included in the contract, the buyer may accept the goods which are in accordance with the contract and reject the rest, or may reject the whole. (4) The provisions of this section are subject to any usage of trade, special agreement or course of dealing between the parties.