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Sale of Goods Act, 1930

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HomeBrud.gifIndiaBrud.gifActsBrud.gifSale of Goods Act, 1930

For Malaysian Sale of Goods Act, see Malaysian Sale of Goods Act 1957

Features

  • The Act deals with provisions related to the contract of sale of goods
  • The Act deals with provisions of 'sale' but not of 'mortgage' or 'pledge' which come under the purview of Transfer of Property Act, 1882.
  • The Act deals with 'goods' but not of all movable goods (ex: actionable claims, money etc.)

Key Topics

  • Formation of the Contract of Sale
  • Conditions and Warranties
  • Transfer of Ownership and Delivery of Goods
  • Unpaid Seller

Sections

Chapter I: Preliminary

Chapter II: Formation of the Contract

Contract of Sale

Formalities of the contract

Subject-matter of contract

  • Section 6: Existing or future goods
  • Section 7: Goods perishing before making of contract
  • Section 8: Goods perishing before sale but after agreement to sell

The price

Conditions and warranties

Chapter III: Effects of the Contract

Transfer of property as between seller and buyer

  • Section 18: Goods must be ascertained
  • Section 19: Property passes when intended to pass
  • Section 20: Specific goods in a deliverable state
  • Section 21: Specific goods to be put into a deliverable state
  • Section 22: Specific goods in a deliverable state, when the seller has to do anything thereto in order to ascertain price
  • Section 23: Sale of unascertained goods and appropriation
  • Section 24: Goods sent on approval or "on sale or return"
  • Section 25: Reservation of right of disposal
  • Section 26: Risk prima facie passes with property

Transfer of title

  • Section 27: Sale by person not the owner
  • Section 28: Sale by one of joint owners
  • Section 29: Sale by person in possession under voidable contract
  • Section 30: Seller or buyer in possession after sale

Chapter IV: Performance of a Contract

  • Section 31: Duties of seller and buyer
  • Section 32: Payment and delivery are concurrent conditions
  • Section 33: Delivery
  • Section 34: Effect of part delivery
  • Section 35: Buyer to apply for delivery
  • Section 36: Rules as to delivery
  • Section 37: Delivery of wrong quantity
  • Section 38: Instalments deliveries
  • Section 39: Delivery to carrier or wharfinger
  • Section 40: Risk where goods are delivered at distance place
  • Section 41: Buyer's right of examining the goods
  • Section 42: Acceptance
  • Section 43: Buyer not bound to return rejected goods
  • Section 44: Liability of buyer for neglecting or refusing delivery of goods

Chapter V: Rights of unpaid seller against the Goods

  • Section 45: "Unpaid seller" defined
  • Section 46: Unpaid seller's rights
  • Section 47: Seller's lien
  • Section 48: Part delivery
  • Section 49: Termination of lien

Stoppage in transit

  • Section 50: Right of stoppage in transit
  • Section 51: Duration of transit
  • Section 52: How stoppage in transit is effected

Transfer by buyer and seller

  • Section 53: Effect of subsale or pledge by buyer
  • Section 54: Sale not generally rescinded by lien or stoppage in transit

Chapter VI: Suits for breach of the Contract

  • Section 55: Suit for price
  • Section 56: Damages for non-acceptance
  • Section 57: Damages for non-delivery
  • Section 58: Specific performance
  • Section 59: Remedy for breach of warranty
  • Section 60: Repudiation of contract before due date
  • Section 61: Interest by way of damages and special damages

Chapter VII

Miscellaneous

  • Section 62: Exchange of implied terms and conditions
  • Section 63: Reasonable time a question of fact
  • Section 64: Auction sale
  • Section 64A: In contracts of sale, amount of increased or decreased taxes to be added or deducted
  • Section 65: Repeal
  • Section 66: Savings

Related Acts