Unit - 46: Meaning and Essential of a Contact of Sale
Legal & Regulatory Aspects of Banking -
Unit - 46 : Meaning and Essentials of a Contract of sale Contract means an agreement enforceable by law. There must be lawful proposal by one party and the other party must accept the proposal to enter into a contract.
A sale involves 2 persons , the buyer and seller .
A contract of sale of goods is a contract under which the seller transfers the goods to the buyer for a price .
When the property in the goods is transferred from the seller to the buyer , the contract is called a sale .
The Consideration for a sale of goods is the money payable for the transfer of goods.
The Sale of Goods Act covers only the sale of moveable goods and not immoveable property.
The Sale of Goods Act is important so far as bank lending against assets is concerned. Banks do not lend against unpaid assets in view of the seller's lien on the assets.
When transfer of the property in the goods is to take place at a future time or subject to some conditions thereafter to be fulfilled, the contract is called agreement to sell .
An agreement to sale becomes a sale when the time elapses or the conditions are fulfilled , subject to which the property in the goods is to be transferred.