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SALE OF GOODS ACT, 1930

Swati Ghatalia

CHAPTER I
PRELIMINARY

1. Short title, extent and commencement

2. Definitions

3. Application of provisions of Act 9 of 1872
CHAPTER II
FORMATION OF THE CONTRACT OF SALE

4. Sale and agreement to sell

FORMALITIES OF THE CONTRACT

5. Contract of sale how made

SUBJECT MATTER OF CONTRACT

6. Existing or future goods

7. Goods perishing before making of contract

8. Goods perishing before sale but after agreement to sell

THE PRICE

9. Ascertainment of price

10. Agreement to sell at valuation

CONDITIONS AND WARRANTIES

11. Stipulations as to time

12. Condition and warranty

13. When condition to be treated as warranty

14. Implied undertaking as to title, etc.

15. Sale by description

16. Implied conditions as to quality or fitness - to be corrected

17. Sale by sample
CHAPTER III
EFFECTS OF THE CONTRACT -TRANSFER OF PROPERTY AS BETWEEN SELLER AND BUYER

18. Goods must be ascertained

19. Property passes when intended to pass

20. Specific goods in a deliverable state

21. Specific goods to be put into a deliverable state

22. Specific goods in a deliverable state, when the seller has to do anything thereto in order to ascertain price

23. Sale of unascertained goods and appropriation

24. Goods sent on approval or "on sale or return"

25. Reservation of right of disposal

26. Risk prima facie passes with property

TRANSFER OF TITLE
27. Sale by person not the owner

28. Sale by one of joint owners

29. Sale by person in possession under voidable contract

30. Seller or buyer in possession after sale
CHAPTER IV
PERFORMANCE OF THE CONTRACT

31. Duties of seller and buyer

32. Payment and delivery are concurrent conditions

33. Delivery

34. Effect of part delivery

35. Buyer to apply for delivery
36. Rules as to delivery

37. Delivery of wrong quantity
38. Instalment deliveries

39. Delivery to carrier or wharfinger
40. Risk where goods are delivered at distant place
41. Buyer’s right of examining the goods
42. Acceptance

43. Buyer not bound to return rejected goods

44. Liability of buyer for neglecting or refusing delivery of goods
CHAPTER V
RIGHTS OF UNPAID SELLER AGAINST THE GOODS

45. "Unpaid seller" defined

46. Unpaid seller’s rights

UNPAID SELLER’S LIEN

47. Seller’s lien

48. Part delivery

49. Termination of lien

STOPPAGE IN TRANSIT

50. Right of stoppage in transit

51. Duration of transit

52. How stoppage in transit is effected

53. Effect of sub-sale or pledge by buyer

54. Sale not generally rescinded by lien or stoppage in transit
CHAPTER VI
SUITS FOR BREACH OF THE CONTRACT

55.  Suit for price

56. Damages for non-acceptance

57. Damages for non-delivery

58. Specific performance

59. Remedy for breach of warranty

60. Repudiation of contract before due date

61. Interest by way of damages and special damages
CHAPTER VII
MISCELLANEOUS

62. Exclusion of implied terms and conditions

63. Reasonable time a question of fact
64. Auction sale

64A. In contracts of sale, amount of increased or decreased taxes to be added or deducted

65. **

66. Savings
Footnotes

Courtesy : Chamber of Income Tax Consultants (Dec, 2001)

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