(PDF) Sale of Goods Act | PRATIBHA MEENA PGP - pausinivs.gq

 

sale of goods act case study

The case for a breach of contract in this situation relates to the Sale of Goods Act which applies to the concept of sales made in the course of a business and where goods are sold by a merchant that relate to the nature of the merchant’s business 4. Indian Contract Act, Sale of Goods Act, Case Study 1: A agrees to deliver his old car valued at Rs. 90, to B, a car dealer, in exchange for a new car, and agrees to pay the difference in cash. MCQ on sale of Goods Act in the subject Legal aspects of Business. This objective questions are helpful for MBA, BBA, Bcom, Mcom students.


MCQ on Sale of Goods Act Legal Aspects of Business - Speak HR


Can u tell me where i can find the section and details of sale of good act? Friday, April 9, Sales of good. Exercise 1.

Discuss the elements necessary sale of goods act case study exist in a sale of goods contract. Existing goods are goods are goods already owned or possessed by the seller and may be either specified or agreed upon at the time a contract of sale is made.

Elements necessary to exist in a sale of goods contract are specific goods and unascertained goods. Specific goods means goods identified and agreed upon at the time a contract of sale is made. On other hand, unascertained goods are those identified by description only.

An example is Ah Ling buys from Muthu two Rolex gold watches, the goods would be ascertained goods only when they have been appropriate to the contract, as when two Rolex gold watches have been sat aside for Ah Ling in accordance with the contract.

ANSWER Every kind of movable property other than actionable claims and money; and includes stock and shares, growing crops, grass and things attached to or forming part of the land which are agreed to be severed before sale or under the contract of sale 4.

Explain and illustrate the difference between movable and immovable property? Price in an important feature in a sale of goods contract. How is price being fixed? ANSWER A contract of sale is made by an offer to buy and sell goods at a price and by the acceptance of such an offer: section 5 1sale of goods act case study, sales of goods Act The contract may provide for the immediate delivery of the goods or the immediate payments of the price or both.

Delivery or payments may even be by installments: Section 5 1sale of goods Act Price means the money consideration for the sale of goods.

Price may be fixed in the following manner: 1 It may be fixed by the contract. Who determines it? There are some implied terms under the SOGA for the purpose of protecting the consumers. What rights may arise if warranty is breached? ANSWER A warranty is a stipulation collateral to the main purpose of the contract, the breach of which gives rise to a claim for damages but not to a right to reject the goods and treat the contract as repudiated : section 12 3 ,sale of goods act ANSWER A condition is a stipulation essential to the main purpose of the contract, the breach of which gives rise to a right to treat the contract as repudiated: Section 12 2Sale of goods act As a general rule, a breach of condition entitles the innocents party to repudiate the contract.

Where the contract is for specific goods the property in which has passed to the buyer, the breach of any condition must be accepted as a breach of warranty unless otherwise provided in the contract.

Who determine whether a term of contract is warranty or condition? This means that unless the contract specifically states that the time of payments shall be the essence of the contract, if a buyer fails to pay by an agreed date, it does not entitles the seller to repudiate the contract, sale of goods act case study.

Terms of contract can be either express or implied, explain. ANSWER An implied warranty or condition as to quality or fitness for a particular purpose may be annexed by the usage of trade.

An express warranty or condition does not negative a warranty or condition implied by this Act unless inconsistent there with.

SOGA imposes certain implied terms in a sale of goods contract, what is the purpose of this? Can parties to contract modify those implied terms? It is an implied term that a seller must have had a title over the goods sold. Explain and illustrate. ANSWER In a contract of sale, unless the circumstances of the contract are such as to show a different intention, sale of goods act case study, there is an implied condition on the part of the seller, that, in the case of a sale, he has a right to sell the goods, and that in the case of an agreement to sell, he will have a right to sell the goods at the time when the property is to pass.

As a illustrate, Marry sold to jean a piano and jean paid Mary the purchase price. After one year, Jean discovered that the piano actually belonged to john and that Mary was actually looking after john possession and house while john was overseas.

Jean can recover the price in full even though she had used the piano for one year. It is an implied term that a seller must have released the goods from any charges or encumbrances. ANSWER In a contract of sale, unless the circumstances of the contract are such as to show a different intention, there is an implied warranty that the goods shall be free from any charge or encumbrance in favor of any third party not declared or known to the buyer before or at the time when the contract is made.

ANSWER Where there is a contract for the sale of goods by description, there is an implied condition that the goods shall correspond with the description. However, where the sale is by sample as well as by description, it is not sufficient that the bulk of the goods correspond with the sample if the goods do not also correspond with the description.

It is sale of goods act case study implied term that a seller must provide a good that is fit for the purpose wanted by the buyers. What are the requirements to have this implied term applicable? ANSWER In short, as general rule is no implied rule warranty or condition as to the quality or fitness for any particular purpose of goods supplied under a contract of sale.

There two exceptions to this rule are goods must be reasonably fit for purpose for which the buyer wants them; Goods must be of merchantability quality. ANSWER Merchantable quality which means subject to the provisions of this Act and of any other law for the time being in force, sale of goods act case study, there is no implied warranty or condition as to the quality or fitness for any particular purpose of goods supplied under a contract of sale, except.

Besides that, where goods are bought by description from a seller who deals in goods of that description… there is an implied condition that the goods shall be of merchantable quality. If the bulk is totally inferior to the sample, the buyer may effect to reject all the goods. However, if the bulk is only party inferior to the sample, sale of goods act case study, the buyer may either elect to accept all the goods and claim damages for those which are inferior or reject all the goods and sue for damages.

The buyer does not have the alternative to accept part of the bulk and reject the rest if the contract of sale is not severable. The passing sale of goods act case study property determines who to bear the risks of such sale of goods act case study. Only when the property passes to the buyer, sale of goods act case study, the risk will also pass to him.

Irrespective whether or not the good has been physically delivered to the buyer. Provided that where delivery has been delayed through the fault of either the buyer or seller, the goods are at the risk of the party in fault as regards any loss which might not have occurred but for such fault.

Unless the unascertained goods which the property passes to the buyer only after the goods are ascertained s. Only when B has set aside the car for A, the property passes to A. Zeno Ltd and Ng Ngat Siang v. In which section under SOGA is the above rule provided? Is there any exception s to the above rule? Sale by a mercantile agents c. Sale by one of joint owners d. Sale under a voidable title e.

Sale by a smaller in possession after sale f. Sale by a buyer in possession. Posted by Ilango at PM. Ilango April 9, at PM. Newer Post Older Post Home. Subscribe to: Post Comments Atom.

 

BUSINESS LAW MMU Sales of good

 

sale of goods act case study

 

STUDY NOTE – 2: THE SALE OF GOODS ACT, COMMENCEMENT AND APPLICABLE. APPLICABILITY OF THE ACT ⇒ This act extends to whole of India, except the State of Jammu and Kashmir. ⇒ This act came into force w.e.f. 1 July ⇒ The ‘contract of sale’ includes both a sale as sell as an agreement to sell. ⇒. Apr 09,  · A contract of sale is made by an offer to buy and sell goods at a price and by the acceptance of such an offer: section 5(1), sales of goods Act The contract may provide for the immediate delivery of the goods or the immediate payments of the price or both. Delivery or payments may even be by installments: Section 5(1), sale of goods Act Author: Ilango. Sale of Goods Act (UK) With Examples Practice Sale of Goods Act Easy Study Guides. Case Study 1. Question 1. When an agreement is reached between supplier (Thunderbolt & Lightning) and consumer (Mary) and the consumer purchases goods, this creates a contract between both parties and this falls into the Sale of Goods Act in which we find.