1. section 16[1] baldry v. marshall 1925 Raghava Menon v/s Kuttappan Nair
1.1. buyer expressly or by impliction
1.2. makes know to the seller the perticluer purpose for which the goods are requierd
1.3. to show that the buyer relies on the seller`s skill or judgement
1.4. goods are of a description which it is in the coures of the seller`s bussiness to supply
1.5. there is an implied condition that the goods shall be reasonable fit for such purpose
2. buyer shall have a reasonable of commparing the bulk with the sample
3. The act is not exhustivethis can see in the light of the s.2[15]
4. Section 29 [sale by person in possession under voidable contract]
4.1. when the seller of goods has obtained possession
4.2. contract voidable under section 19 or section 19A of the indian contract act, 1827(9 of 1872)
4.3. the contract has not been rescinded at the time of the of the sale
4.4. the buyer acquires a good title to the goods
5. Section 24 [goods sent on approval or "on sale or return"]
5.1. section 24[b]
5.1.1. if he does not signify his approval or acceptance to the seller but retain the goods without giving notice of rejection
5.1.2. if a time has been fixed for the return of the goods
5.1.3. expiration or of such time and if one time has been fixed
5.1.4. expiration of a reasonable time
6. Section 20 [specific goods in a deliverable state]
6.1. unconditional contract for the sale of
6.2. specific goods in a deliverable state
6.3. the property in the goods passes to the buyer when the contract is made
6.4. it is immaterial whether the time of payment of the price or the price or the time of delivery of the goods or both is postponed
7. Section 16 [Implied condition as to quality or fitness] "caveat emptor" "let the buyer beware"
7.1. section 16[2]
7.1.1. goods are bought by dicription
7.1.2. from a seller who deals in goods of that description
7.1.3. there is an implied condition that the goods shall be of merchntable quality
7.1.3.1. section 2[12] "quality of goods" includes their state or condition
7.2. section 16[4]
7.2.1. an express warrenty or condition
7.2.2. does not nagative a warrenty or condition implied by this act
7.2.3. unless inconsistent therewith
8. Section 18 r/w section 19
9. section 17 [sale by sample ]
9.1. bulk shall correspond with thesample in quality
9.2. goods shall be force from any defect rendering them unmerchantable
10. Section 26 [risk prima facie passes with proprty]
10.1. section 26[2]
10.1.1. delivery has been delayed through the fault of either
10.1.2. buyer or seller
11. BRIEF HISTROY
11.1. 1. The sale of goods 1930 repeals and repalce s.76 to s. 123 of indain contact act 1872. 2. This act was name at indain sale of goods act 1890. the word "indian" was omitted by the 1963 amendment act
12. Section 2[3] [deliverable state]
12.1. when they are in such that the buyer would under the contract be bound to take delivery of them
13. Section 4 sale and agreement to sell
13.1. sale and agreement to sell
13.1.1. contract of sale of good is a contract. "contarct" s. 2[h] of indain contract act 1872
13.1.1.1. An agreement enforceable by law is a contract. s.2[h]
13.1.2. whereby the seller transfer or agrees. "seller"s.2[13] of SOGA
13.1.2.1. A person who sells or agrees to sell. s. 2[13]
13.1.3. property "property" s.2[11] of SOGA
13.1.3.1. The genral property in goods and not merely a special property s.2[11]
13.1.4. in goods to the buyer for a price. "goods" s. 2[7] "buyer" s. 2[1] "price" s. 2[10] of SOGA.
13.1.4.1. "goods" means every kind of moveable 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; s. 2[7]
13.1.4.1.1. s. 6 existing goods
13.1.4.1.2. s.6 futuer goods
13.1.4.2. "buyer" a person who buys or agrees to buy goods s.2[1]
13.1.4.3. "price" the money consideration for a sale goods. s. 2[10]
14. section 7 [goods perishing before making of contarct]
14.1. Contract for the sale of specific goods
14.2. The contract is void if the goods without the knwledge of the seller
14.3. at the time when the contract has made, parished or become so damaged
15. section 8 [goods perishing before sale but after agreement to sell]
15.1. specific goods
15.2. goods without any fault of buyer/ seller
15.3. perish or become so damged as no longer as on longer to answer to their description
15.4. in the agreement before the risk passes to the buyer
15.5. the agreement is there by avoided
16. Section 2[9] [mercantile agent]
17. Section 15 [sale by description]
17.1. contract for tha sale of goods by description
17.2. implied condition that the goods shall correspond with the description
18. Section 11 [stipulation as to time] Hartley v. Hyman 1920
18.1. time of payment of the price
18.2. time of performence of other term
19. Section 12 [condition and warrenty]
19.1. condition baldry v. marshall
19.1.1. express [written contract]
19.1.2. Implied s. 14,15,16,17
19.2. warrenty harrison v. knowles and foster
19.2.1. claim damges
19.2.1.1. waiver of buyer
19.2.1.2. impossible of perform
19.2.2. Section 59 [Remedy for breach of warranty]
19.2.2.1. where there is a breach of warrenty by the seller
19.2.2.2. where the buyer or is compelled to treat any breach of a condition on the seller as a breach of warrenty
19.2.3. Section 13 [when condition to be treated as warrenty]
19.2.3.1. where a contract of sale is subject to any condition to be fulflied by the seller
19.2.3.2. the buyer has accepted the seller can only be treated as a breach of warrenty
19.2.3.3. unless there is a term of the contract express or implied to that effect