Essentials of a contract of sale

A contract of sale of goods is bilateral in nature wherein property in the goods has to pass from one party to another. Actionable claim has been explained in Sec 3 of transfer of property act But if goods are sold partly for goods and partly for money, the contract is one of sale Aldridge vs Johnson.

If any of the essential elements like free consent, consideration, lawful object etc. As a matter of fact, every member of the mess is consuming his own goods on the basis of understanding that he must restore to the mess what he consumed so that the mess continues to provide meals for its members.


This will ensure that the seller delivers the correct goods. Old and rare coins, however, may be treated as goods and sold as such. A mere transfer of possession of the goods cannot be termed as sale.

Therefore contingent goods are also a special class of future goods. But if he holds certain goods, which is pledged with him then he holds special property. However, there shall be a contract of sale between part owners.

Goods have been defined under Sec. If X owns certain goods, he has general property. Suppose A and B jointly own a television set, A may transfer his ownership in the television set to B, thereby making B the sole owner of the goods. For the purpose of this text, we highlight the under-mentioned set of facts.

Before parties in this contract can enforce it, the memorandum must exist although it need not exist at the time the contract is being made. Where articles are exhibited for sale and a customer picks up one and the sales assistant packs the same for him, there has resulted a contract of sale of goods by the conduct of the parties.

A person may enter into an agreement to seal something to the other which may have no actual existence but which he is to acquire, produce or manufacture in future.

A book debt is not goods because it can only be assigned as per the Transfer of Property Act but cannot be sold. The capacity of parties in a contract of sale is also important; it is the ability of the party to be in a contract of sale of land.

The parties must agree on the transfer of property. For example a cultivator may agree to sell the crop that he has sown. Effect of perishing of future goods.

Therefore, according to section 4 sub-section 4, an agreement to sell becomes a sale after the expiration of a stipulated time or the fulfillment of the conditions laid down in a contract of sale.

Shares and stock are also included in goods. The effect of perishing of goods may be discussed under the following heads: For example an importer in Bombay agrees to sell the consignment of goods which is on its way from America. The inspection period varies depending on the type of goods involved.

A person who buys or agrees to buy the goods There must be some goods as a subject-matter: Neither the payment nor delivery is necessary at the point of making the contract.


It is not regarded as goods because it is the medium of exchange through which goods can be bought. A Person who sells or agrees to sell the goods Buyer: However, with more expensive items, such as machinery, buyers often have anywhere from a couple days to a month to inspect.

All the essential elements of a contract must be present in the contract of sale. If he supplies the goods from the stock meant for sale to his family, it does not amount to a sale and there is no contract of sale. A contract of sale is of two kinds: The subject matter of a contract of sale must be goods.

Essential elements of contract of sale

An express contract of sale may be written or oral. Only goods can be the subject-matter of contract of sale. The two parties to contract of sale are:Essential elements of a valid contract: All the essential elements of a contract must be present in the contract of sale.

If any of the essential elements like free consent, consideration, lawful object etc. is missing, then the contract of sale will not be valid. Anil agrees to sell his cycle to. A Contract of Sale is an agreement for the exchange of goods, services, or property, between the seller and the buyer, for a promised or paid value, usually money.

“A contract of sale of goods is a contract whereby the seller transfers or agrees to transfer the property in goods to the buyer for a price.”. Important features of a contract of sale (1) Two Parties: The first essential is that there must be two distinct parties to a contract of sale, viz, a.

The 5 Essential Elements of a Sales Contract Back to top When creating or reviewing a sales contract (a.k.a. sales agreement or purchase agreement), it is vital to know which terms are most important and what things to watch out for. Where under a contract of sale, the property in the goods is immediately transferred at the time of making the contract from the seller to the buyer, the contract is called a 'sale' [Sec.

4(3)]. It refers to an absolute sale, e.g., an outright sale on a counter in a shop.

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Essentials of a contract of sale
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