Goods - Law Dictionary Search Results
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Goods, Computer programs are the product of an intellectual process, but once implanted in a medium they are widely distributed to computer owners. An analogy can be drawn to a compact-disc recording of an orchestral rendition. The music is produced by the artistry of musicians and in itself is not a 'good', but when transferred to a laser-readable disc it becomes a readily merchant-able commodity. Similarly, when a professor deliv-ers a lecture, it is not a good, but, when transcribed as a book, it becomes a good. That a computer program may be copyrightable as intellectual property does not alter the fact that once in the form of a floppy disc or other medium, the program is tangible, moveable and available in the marketplace. The fact that some programs may be tailored for specific purposes need not alter their status as 'goods' because the Code definition includes 'specially manufactured goods', Advent Systems Ltd. v. Unisys Corpn., 925 F. 2d 670 3dCir 1991. Associated Cement Compa...
good
good bet·ter best 1 : commercially sound or reliable [a risk] 2 a : valid or effectual under the law b : free of defects 3 a : characterized by honesty and fairness b : conforming to a standard of virtue [shall hold their offices during behavior "U.S. Constitution art. III"] ;also : characterized by or relating to good behavior n 1 : advancement of prosperity and well-being [for the of the community] 2 : an item of tangible movable personal property having value but usually excluding money, securities, and negotiable instruments usually used in pl. : as a pl : all things under section 2-105 of the Uniform Commercial Code that are movable at the time of identification to the contract for sale other than the money that is to be paid, investment securities, and choses in action b pl : all things under section 9-104 of the Uniform Commercial Code that are movable at the time that a security interest in them attaches or that are fixtures but excluding money, documents,...
Good faith
Good faith, nothing shall be deemed to be done in good faith which is not done with due care and attention. [Limitation Act, 1963, s. 2 (h)]The expression 'good faith' has not been defined in the U.P. Imposition of Ceiling on Land Holdings Act, 1960. The expression has several shades of meaning. In the popular sense, the phrase 'in good faith' simply means 'honestly, without fraud, collusion or deceit; really, actually, without pretence and without intent to assist or act in furtherance of a fraudulent or otherwise unlawful scheme'. (see WORDS AND PHRASES, Permanent Edition, Vol. 18-A, page 91). Although the meaning of 'good faith' may vary in the context of different statutes, subjects and situations, honest intent free from taint of fraud or fraudulent design, is a constant element of its connotation. Even so, the quality and quantity of the honest requisite for constituting 'good faith' is conditioned by the context and object of the statute in which this term is employed, Brijendra...
In the manufacture of goods
In the manufacture of goods would normally encompass the entire process carried on by the dealer of converting raw materials into finished goods. Where any particular process is so integrally connected with the ultimate production of goods that but for that process, manufacture or processing of goods would be commercially inexpedient, goods required in that process would, in our judgment, fall with in the expression 'in the manufacture of goods, Rajasthan SEB v. Associated Stone Industries, (2000) 6 SCC 141.In the manufacture of goods, the expression 'in the manufacture of goods' in s. 8(3)(b) of the Central Sales Tax Act, 1956 should normally encompasses the entire process carried on by the dealer of converting the raw material into finished goods. Where any particular process is so integrally connected with the ultimate production of goods that, but for that process, manufacture or process-ing of goods would be commercially inexpedient, goods, required in that process would fall with...
Sale of goods
Sale of goods, in Entry 48 of List II Sch. VII of the Government of India Act, 1935, 'sale of goods' has the same meaning which it has in the Indian Sale of Goods Act, 1930, that in a building contract there is no sale of materials as such, and that it is therefore ultra vires the powers of the Provincial Legislature to impose tax on the supply of materials, Pandit Banarsi Das Bhanot v. State of M.P., AIR 1958 SC 909 (912): (1959) SCR 427.It is now settled law that the words 'sale of goods' have to be construed not in the popular sense but in their legal sense and should be given the same meaning which they carry in the Sale of Goods Act, 1930. The expression 'sale of goods' is a nomen juris, its essential ingredient being an agreement to sell movables for a price and property passing therein pursuant to that agreement, T.V. Sundaram Iyengar & Sons v. State of Madras, AIR 1974 SC 2309: (1975) 3 SCC 424: (1975) 2 SCR 372.On the true interpretation of the expression 'sale of goods' there...
good faith
good faith [translation of Latin bona fides] : honesty, fairness, and lawfulness of purpose : absence of any intent to defraud, act maliciously, or take unfair advantage [filed the suit in good faith] [negotiating in good faith] see also good faith exception, good faith purchaser compare bad faith NOTE: The meaning of good faith, though always based on honesty, may vary depending on the specific context in which it is used. A person is said to buy in good faith when he or she holds an honest belief in his or her right or title to the property and has no knowledge or reason to know of any defect in the title. In section 1-201 of the Uniform Commercial Code good faith is defined generally as “honesty in fact in the conduct or transaction concerned.” Article 2 of the U.C.C. says “good faith in the case of a merchant means honesty in fact and the observance of reasonable commercial standards of fair dealing in the trade.” Similarly, Article 3 on negotiable inst...
Sale of Goods Act, 1893
Sale of Goods Act, 1893 (English) (56 & 57 Vict. c. 71), codifying the law of the sale of goods, in the same fashion as the law of bills of exchange, promissory notes, and cheques was codified (see CODE) by the Bills of Exchange Act, 1882, and the law of partnership by the (English) Partnership Act, 1890.The parts of the Act are:-I. Formation of the Contact, in which it is provided, amongst other things, that an infant or person by mental incapacity or drunkenness incompetentto contract must pay a reasonable price for 'necessaries' sold and delivered to him; that (re-enacting a part of the Statute of Frauds) a contract for the sale of goods of the value of 10l. or more is not enforceable unless the buyer accept and receive part, or give something in earnest to bind the contract, or 'unless some note or memorandum in writing of the contract be made and signed by the party to be charged or his agent in that behalf'; that a contract for the sale of specific goods which have perished witho...
Good cause, sufficient case Difference
Good cause, sufficient case Difference, The differ-ence between the words 'good cause' for non-appearance in O. IX, R. 7 and 'sufficient cause' for the same purpose in O. IX, R. 13 as pointing to different criteria of 'goodness' or 'sufficiently' for succeeding in the two proceedings; and as there-fore furnishing a ground for the inapplicability of the rule of res judicata. As this ground was not seriously mentioned before us, we need not examine it in any detail but we might observe that we do not see any material difference between the facts to be established for satisfying the two tests of 'good cause' and 'sufficient cause'. We are unable to conceive of a 'good cause' which is not 'sufficient' as affording an explanation for non-appearance, nor conversely of a 'sufficient cause' which is not a good one and we would add that either of these is not different 'good and sufficient cause' which is used in this context in other statutes. If, on the other hand, there is any difference bet...
Sale of goods and purchase of goods
Sale of goods and purchase of goods, in order to constitute a sale there must be an agreement for sale of goods for a price and the passing of property therein pursuant to such an agreement, in order to constitute a sale it is necessary that there should be an agreement between the parties for the purpose of transferring title to goods which of course presupposes capacity to contract, that it must be supported by money consideration, and that as a result of the transaction property must actually pass in the goods. Unless all these elements are present, there can be no sale'.On the other hand to constitute a 'purchase of goods' within this Entry, there must be an agree-ment for purchase of goods and the passing of property therein pursuant to such an agreement, State of Madras v. Gannou Dunreeley & Co., AIR 1958 SC 560 followed; Andhra Sugars Ltd. v. State of Andhra Pradesh, AIR 1968 SC 599 (602). [Constitution of India, Sch. 7, List 2, Entry 54]...
Producers goods
Goods that satisfy wants only indirectly as factors in the production of other goods such as tools and raw material called also instrumental goods auxiliary goods intermediate goods or goods of the second and higher orders and disting from consumers goods...
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