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Home > STUDENTS > Business Law > Sale of Goods |
Law of Sale of Goods by Avtar Singh is a well-acclaimed work dealing with the law relating to the sale of goods and hire-purchases in India.
It defines the position and liability of a manufacturer, dealer and seller in relation to a purchaser viz. the Sale of Goods Act, 1939 and the Hire-Purchase Act, 1972 (unenforced). The relevancy of the Consumer Protection Act, 1986 in sale of goods and hire-purchases is also explained throughout the book as well as given separately as Appendix I to the book. Brief notes are given on miscellaneous topics like specific performance, anticipatory breach, recovery of interest and incidence of taxation. Foreign authorities are profusely quoted in order to explain the concepts involved.
The edition looks into the developments in the allied statutory fields especially the amendments in the Consumer Protection Act, 1986. The learned author has covered the recent decisions rendered by the Apex Court and High Courts while attempting to present a consistent account of the apparently conflicting decisions. Some of the recent developments analysed include the concept of passing of property, importance of time of delivery and changes made by the Universal Commercial Code in the remedial aspects of the subject etc. Also, Brief Contents, Detailed Contents, Table of Cases and Subject Index are provided to enable easy reference.
The book is very informative and authoritative and hope will prove useful to a wide readership covering students, teachers, consultants, lawyers and general public at large dealing in hire-purchase agreements.
About The Author
Dr. Avtar Singh, B.Com., LL.M., LL.D, is a multi-faceted personality, who has adorned his cap with multiple feathers- Author, Advocate, Professor. He has been awarded with numerous prestigious honours like Saraswati Sammaan by the U.P. Government and Vidya Bhushan Sammaan by the Hindi Sansthan in U.P., for his contributions in the field of legal education. In his decades long career he has been a visiting professor of Business Laws at IIM, Lucknow and Reader in Law at Lucknow University.
Titles written by him have been prescribed by many leading universities and have been lauded by both students and teachers. His works and writing style have been appreciated both Nationally and Internationally.
He has followed his signature style of writing in all his works- the most comprehensive study of the subject that he takes in his hands in a simple and lucid language. He has written in both English and Hindi languages.
His list of works include: Business Law, Company Law (in English and Hindi), Competition Law, Consumer Protection: Law and Practice, Contract Law (Easy Law Series), Introduction to Company Law (in English and Hindi), Introduction to Law of Negotiable Instruments, Introduction to Partnership (including Limited Liability Partnership) (in English and Hindi), Intellectual Property Law, Law of Arbitration and Conciliation (in English and Hindi), Laws of Banking and Negotiable Instruments (in English and Hindi), Law of Carriage (Air, Land and Sea), Law of Contract and Specific Relief (in English and Hindi), Law of Insolvency, Law of Insurance, Law of Partnership (Principles, Practice & Taxation), Law of Sale of Goods (in English and Hindi), Negotiable Instruments (in English and Hindi), Textbook on Law of Contract and Specific Relief.
"The book would be very useful for all in the legal profession including students, teachers, bar and bench. The author deserves to be lauded for his excellent work." - Academy Law Review
"Though the book is primarily for the students, will also be useful to the lawyers to know the fundamental and the underlying principles of the law of Sale of Goods and Hire Purchase." - All India Reporter
"The distinguished author has made all efforts to make the subject thoroughly explanatory, to make the book outstanding in material and a masterpiece on the subject." - Gujarat Law Reporter
TABLE OF CASES XXII
Document of Title 2 Railway Receipt 2
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
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
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
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
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
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
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
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
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
SUBJECT INDEX 275
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