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...
Future goods, means goods to be manufactured or produced or acquired by the seller after the making of the contract of sale. [Sale of Goods Act, 1930 (3 of 1930), s. 2 (6)]...
Specific goods, means goods identified and agreed upon at the time a contract of sale is made. [Sale of Goods Act, 1930 (3 of 1930), s. 2(14)]...
Document of title to goods, includes a bill of lading, dock-warrant, warehouse keeper's certificate, wharfingers' certificate, railway receipt, multi-modal transport document, warrant or order for the delivery of goods and any other document used in the ordinary course of business as proof of the possession or control of goods, or authorising or purporting to authorise, either by endorsement or by delivery, the possessor of the document to transfer or receive goods thereby represented. [Sale of Goods Act, 1930 (3 of 1930), s. 2 (4)]...
Quality of goods, includes their state or condition. [Sale of Goods Act, 1930 (3 of 1930), s. 2 (12)]...
Buyer [fr. bycgan, bohte, A. S.; bygge, O. E.; to purchase for money] a purchaser. See CAVEAT EMPTOR.Means a person who buys or agrees to buy goods. [Sale of Goods Act, 1930 (3 of 1930), s. 2 (1)]Means whoever buys any goods or receives any services from a supplier for consideration. [Interest on Delayed Payments to Small Scale and Ancillary Industrial Undertakings Act, 1993 (32 of 1993), s. 2 (c)]--'Buyer' would mean where a person by virtue of the payment gets a right to receive specific goods and not where he is merely allowed/permitted to carry on business in that trade, Union of India v. Om Prakash S. S. and Co., AIR 2001 SC 1202: (2001) 3 SCC 593. [Income-tax Act (43 of 1961), s. 206(c)] Means any generating company or licensee or consumer whose system receives electricity from the system of generating company or licensee, Central Electricity Authority (Installation and Operation of Meters) Regulations, 2006, Reg. 2(h).Means whoever buys any goods or receives any services from a ...
Delivery order, a delivery order is an order by the owner of goods directing the person who holds them on his behalf to deliver them to the person named in the order, Jaggilal K. Pratapmal Rameshwar, AIR 1978 SC 389 (396). [Sale of Goods Act, 1930, s. 2(4)]--A writing directed to the bailee of goods mentioned in the order requesting him to deliver over the goods to the person named in the order. Such an order is a 'document of title' within the (English) Factors Act, 1889 (52 & 53 Vict. c. 45), s. 1 (4), and the (English) Sale of Goods Act, 1893 (56 & 57 Vict.c. 71), s. 62(1). See Chitty's Statutes, tits. 'Factors' and 'Goods.' As to the effect on innocent parties of a delivery order which is fradulent, see Union Credit Bank v. Mersey Docks, (1899) 2 QB 205; Farquharson Bros. v. King, 1902 AC 325....
Unpaid seller, (1) the seller of goods is deemed to be an 'unpaid' seller with the meaning of this Act:(a) when the whole of the price has not been paid or delivered;(b) when a bill of exchange or other negotiable ins-trument has been received as conditional payment, and the condition on which it was received has not been fulfilled by reason of the dishonour of the instrument or otherwise.(2) In this Chapter, the term 'seller' includes any person who is in the position of a seller, as, for instance, an agent of the seller to whom the bill of finding has been endorsed, or a consignor or agent who has himself paid, is or directly responsible for, the price. [Sale of Goods Act, 1930 (30 of 1930), s. 45]...
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...
Contract of agency and contract of sale, a contract of agency, differs essentially from a contract of sale inasmuch as an agent after taking delivery of the property does not sell it as his own property but sells the same as the property of the principal and under his instructions and directions. Furthermore, since the agent is not the owner of the goods, if any loss is suffered by the agent he is to be indemnified by the principal, Bhopal Sugar Industries Ltd. v. S.T.O, (1977) 3 SCC 147 (151). [Sate of Goods Act, 1930, s. 4]...