Table Of Contents:
TABLE OF CASES XXII
CHAPTER I : PRELIMINARY
Document of Title 2
Railway Receipt 2
CHAPTER II : FORMATION OF THE CONTRACT
Definition and Essentials of Sale [S. 4] 4
Bilateral Contract 4
Money Consideration 7
Sale and Contract for Work and Material 8
Goods 12
Conditional or Absolute 15
Sale and Agreement to Sell 15
When Agreement to sell becomes Sale [S. 4(4)] 16
Sale and Hire Purchase 16
Contract of Sale and contract of agency 19
Formalities of the Contract [S.5] 20
Subject-matter of Contract [S. 6] 20
Effect of Destruction [S. 7] 21
Goods Perishing after Agreement to Sell [S. 8] 24
The Price 24
Fixing of price 25
Agreement to Sell at Valuation [S. 10] 26
CHAPTER III : CONDITIONS AND WARRANTIES
Stipulation as to time 27
Time of Payment 27
Other Stipulations as to time 28
Condition and warranty 30
Condition Reduced to Warranty [S. 13] 32
Waiver by Buyer 32
Acceptance of Goods by buyer 32
Condition converted into warranty only for remedial purposes 34
Implied Conditions 35
Implied undertaking as to title, etc. 35
Condition as to Title [S. 14] 35
Remedies of the Buyer 37
Sale by description [S. 15] 38
Buyer purchasing on the basis of description 38
Packing as description 40
Time and place of arrival of ship as description 40
Shipment to be in good condition 40
Reliance on description to be in contemplation of Parties 40
Correspondence with Description 44
Sale by description as well as by sample [S. 15] 46
Conditions implied by way of exceptions to rule of caveat
emptor [S. 16] 47
Statement of Rule of Caveat Emptor 48
Exceptions 49
Fitness for Buyer's Purpose [S. 16(1)] 50
Sale under Trade Name [Proviso to S. 16(1)] 54
Sale to Consumer Statutory Changes 55
Sale by agent 56
Merchantable Quality [S. 16(2)] 56
Purchase by description 56
Meaning of Merchantable Quality 57
Marketability 58
General Observation about Sale of Pictures 59
Emphasis upon Physical Quality rather than Saleability 60
Goods should not violate Applicable Statutes 60
Reasonable Fitness for General Purposes 61
Packing 62
Partly Defective 62
Test of Merchantable Quality 63
Statutory Definition of Merchantability 64
Examination by the Buyer 65
Distinction between the First and Second Exceptions 66
Conditions Implied by Trade Usage [S. 16(3)] 67
Express Terms [S. 16(4)] 68
Sale in the course of seller's business 68
The legislative history 71
Sale 'in the course of a business' 73
Sale by sample 77
Bulk to Correspond with Sample 78
Opportunity to Compare Bulk with Sample 79
Free from Defects Rendering Goods Unmerchantable 79
Miscellaneous or Innominative Terms 80
Buyer's State of knowledge about Goods 81
Implied Warranties 82
Quiet Possession [S. 14(6)] 82
Free from Encumbrance [S. 14(c)] 83
Exclusion of Implied Terms [S. 62] 83
Duration of Implied Terms 83
CHAPTER IV : EFFECTS OF THE CONTRACT
Transfer of Property as between Seller and Buyer 84
Meaning of ascertained goods 84
Significance of Passing of Property 85
Property passes when intended to pass [S. 19] 86
Sale of Specific Goods [S. 20-22] 90
Specific Goods 92
Deliverable State 93
Unconditional Contract 94
Goods to be put in Deliverable State [S. 21] 96
Goods to be Weighed or Measured [S. 22] 97
Sale of unascertained goods and appropriation [S. 23] 99
Sale on Approval [S. 24] 99
By Acceptance [S. 24(1)] 100
By Failure to return [S. 24(2)] 101
Sale on Returnable Packing 103
Sale of Unascertained Goods [Ss. 18 And 23] 103
Ascertainment 104
Separation from bulk 104
Ascertainment and appropriation 105
Property does not pass till appropriation 108
Appropriation with mutual assent 110
Appropriation without buyer's assent 110
Buyer's assent may be express or implied 110
Appropriation should be unconditional and of goods of
contract quality 110
Intention of Parties 111
Delivery to Carrier [S. 23(2)] 112
Acknowledgment by Bailee 113
Goods already in transit 113
Delivery to post office 114
Reservation of the Right of Disposal [S. 25] 114
Property passes on Compliance with the Seller's Conditions 116
Transfer of Risk [S. 26] 117
Risk and Property go together 117
Separation of risk from property 118
Delay in Delivery of Goods 119
Trade Customs 119
Express agreement 119
Terms of contract 120
Benefit to Goods 121
CHAPTER V : TRANSFER OF TITLE
Nemo Dat Quod Non Habet 121
Buyer gets no title when sale is by person not the owner 121
Exceptions 122
Estoppel [S. 27] 122
Estoppel by Negligence 123
Sale by Mercantile Agent [S. 27, Proviso] 125
Mercantile Agent 125
In possession as Mercantile Agent 126
With Owner's Consent 126
Must sell while acting as Mercantile Agent 127
Good faith and without Notice 127
Sale by a joint owner 128
Sale by person in possession under voidable contract [S. 29] 128
Sale after avoidance of Contract does not pass Title 129
Good faith and without Notice 130
Seller in possession after sale [S. 30(1)] 130
Buyer in possession before sale [S. 30(2)] 132
CHAPTER VI : PERFORMANCE OF THE CONTRACT
Delivery [S. 33] 135
Part Delivery [S. 34] 135
Duty of buyer to ask for delivery 136
Rules as to Delivery [S. 36] 136
Place of Delivery 137
Time for Delivery 137
Delivery by Attornment 137
Hours for Tender of Delivery 138
Expenses of Delivery 138
Delivery of Wrong Quantity [S. 37] 148
Delivery of wrong quantity 138
Short Delivery 139
Excess Delivery 139
Delivery of Mixed Goods 140
Special Agreement, Usage of Trade, Course of Dealing 141
Instalment Deliveries [S. 38] 140
Delivery to Carrier or Wharfinger [S. 39] 143
Seller's Duty [S. 39(2)] 144
Sea Transit [S. 39(3)] 144
Contracts involving Sea Routes 145
F.O.B. Contracts 145
C.I.F. Contracts 147
Ex Ship Contracts 150
Deterioration During Transit [S. 40] 151
Right of Examination [S. 41] 152
Acceptance [S. 42] 153
Duty after Rejection [S. 43] 154
Liability of Buyer for refusing to receive Goods [S. 44] 155
CHAPTER VII : RIGHTS OF UNPAID SELLER AGAINST THE GOODS
Definition of unpaid Seller [S. 45] 156
Rights of Unpaid Seller 157
Unpaid seller's lien 158
Part Delivery [S. 48] 159
Termination of Lien [S.49] 160
By Delivery to Carrier 160
By Delivery to Buyer 161
By Waiver 162
By tender of Price 162
Stoppage in Transit 162
Lien and Stoppage in Transit distinguished 163
Requirements of Stoppage in Transit 164
Commencement and end of transit 164
Delivery to the Buyer's [S. 51(1)] 165
Interception by the Buyer [S. 51(2)] 166
Acknowledgement to the Buyer [S. 51(3)] 166
Rejection by Buyer [S. 51(4)] 167
Delivery to ship chartered by Buyer [S. 51(5)] 168
Wrongful refusal to Deliver [S. 51(6)] 168
Part Delivery [S. 51(7)] 168
How Stoppage is effected [S. 52] 169
How stoppage in transit is effected 169
Carrier's Lien for Freight 169
Effect of sub-sale on seller's rights 170
When seller's rights defeated 170
Seller's Consent [S. 53(1)] 170
Transfer of Documents of Title [S. 52 (proviso)] 171
Right of Resale [S. 54] 173
CHAPTER VIII : SUITS FOR BREACH OF THE CONTRACT
Seller's Remedies Against Buyer 176
Suit for Price [S. 55] 176
Price in Foreign Currency 177
Damages for Non-Acceptance [S. 56] 177
Duty of mitigation 179
Damages for breach of contract 180
Buyer's Remedies Against Seller 181
Damages for Non-Delivery [S. 57] 181
Performance bonds and forfeiture clauses 183
Duty of Mitigation 184
Jurisdiction 185
Specific Performance [S. 58] 185
Remedy for Breach of Warranty [S. 59] 186
Notice to Seller of Defective Condition 188
Resale by Buyer 189
Acceptance of Goods without Inspection 189
Anticipatory Breach [S. 60] 189
Recovery of Interest [S. 61] 190
CHAPTER IX : MISCELLANEOUS
Exclusion of Implied Terms [S. 62] 192
By Express Contract 192
Course of Dealing 194
Trade Usage 195
Consumer Sales 195
Reasonable time 195
Right to impose conditions 198
Formation of ''ring'' or ''knock-out'' 199
Bidder's right to withdraw bid 200
Auctioneer's right not to accept any bid 200
Acceptance by proper Authority 200
Incidence of Taxation [S. 64-A] 201
CHAPTER X : HIRE PURCHASE ACT, 1972
Definition [S. 2(c)] 204
Position of parties to hire-purchase 207
Finance company and Guarantor 209
Form and signature [S. 3] 209
Contents of Hire-purchase Agreement [S. 4] 210
Deemed Hire-purchase Transaction [S. 5] 210
Warranties and Conditions, Limitation on Hire-purchase Charges
and Passing of Property 210
Implied Warranties and Conditions [S. 6] 210
Warranty of Quiet Possession 211
Free from Charge or Encumbrance 211
Implied Conditions [S. 6] 211
Condition as to Title [S. 6(2)] 211
Merchantable Quality [S. 6(2)(b)] 211
Fitness for Hirer's Purpose [S. 6(3)] 212
Letting according to Sample [S. 6(4)] 213
Letting under Description [S. 6(5)] 213
Limitation on Hire-purchase Charges [S. 7] 213
Passing of Property [S. 8] 215
Rights and Obligations of the Hirer 215
Right to purchase with Rebate [S. 9] 215
Right to Terminate Agreement [S. 10] 215
Minimum Payment 216
Hirer's Right to appropriate Payments [S. 11] 218
Assignment and Transmission of Hirer's Rights [S. 12] 218
Payment of Hire and Obligation of Compliance [S. 13] 219
Obligation to take care of Goods [S. 14] 220
Liability for Unauthorised Use [S. 15] 220
Obligation to give Information [S. 16] 220
Hirer's Right on Seizure of Goods [S. 17] 220
Rights and Obligations of the Owner 221
Right to Terminate Agreement [S. 18] 221
Rights of Owner on Termination [S. 19] 222
Restriction on Right to recover Protected Goods [S. 20] 223
Obligation to Supply Copies and Information [S. 23] 225
Discharge of price otherwise than by Money [S. 24] 225
Insolvency of Hirer [S. 25] 225
Successive Hire-purchase Agreements [S. 25] 226
APPENDIX I-Hire-Purchase Act, 1972
APPENDIX II-Consumer Protection Act, 1986
SUBJECT INDEX 275