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The Sale of Goods Act, 1930

Year of Passage: 1930 | Type: Bare Act

Section 1 Short title, extent and commencement.

(1) This Act may be called the 1*** Sale of Goods Act,1930. 2[(2) It extends to the whole of India 3***.] (3) It shall come into force on the 1st day of July, 1930.

Section 2 Definitions.

In this Act, unless there is anything repugnant in the subject or context, (1) "buyer" means a person who buys or agrees to buy goods; (2) "delivery" means voluntary transfer of possession from one person to another; (3) goods are said to be in a "deliverable state" when they are in such state that the buyer wouldunder the contract be bound to take delivery of them; (4) "document of title to goods" includes a bill of lading, dockwarrant, warehouse keeper'scertificate, wharfingers' certificate, railway receipt, 1[multimodal transport document, ] warrant ororder for the delivery of goods and any other document used in the ordinary course of business asproof of the possession or control of goods, or authorising or purporting to authorise, either byendorsement or by delivery, the possessor of the document to transfer or receive goods therebyrepresented; (5) "fault" means wrongful act or default; (6) "future goods" means goods to be manufactured or produced or acquired by the seller after themaking of the contract of sale; (7) "goods" means every kind of moveable property other than actionable claims and money; andincludes stock and shares, growing crops, grass, and things attached to or forming part of the landwhich are agreed to be severed before sale or under the contract of sale; (8) a person is said to be "insolvent" who has ceased to pay his debts in the ordinary course ofbusiness, or cannot pay his debts as they become due, whether he has committed an act of insolvencyor not; (9) "mercantile agent" means a mercantile agent having in the customary course of business assuch agent authority either to sell goods, or to consign goods for the purposes of sale, or to buy goods,or to raise money on the security of goods; (10) "price" means the money consideration for a sale of goods; (11) "property" means the general property in goods, and not merely a special property; (12) "quality of goods" includes their state or condition; (13) "seller" means a person who sells or agrees to sell goods; (14) "specific goods" means goods identified and agreed upon at the time a contract of sale ismade; and (15) expressions used but not defined in this Act and defined in the Indian Contract Act, 1872(9 of 1872), have the meaning assigned to them in that Act.

Section 3 Application of provisions of Act 9 of 1872.

The unrepealed provisions of the Indian ContractAct, 1872, save in so far as they are inconsistent with the express provisions of this Act, shall continue toapply to contracts for the sale of goods.

Section 4 Sale and agreement to sell.

(1) A contract of sale of goods is a contract whereby the sellertransfers or agrees to transfer the property in goods to the buyer for a price. There may be a contract ofsale between one part-owner and another. (2) A contract of sale may be absolute or conditional. (3) Where under a contract of sale the property in the goods is transferred from the seller to the buyer,the contract is called a sale, but where the transfer of the property in the goods is to take place at a futuretime or subject to some condition thereafter to be fulfilled, the contract is called an agreement to sell. (4) An agreement to, sell becomes a sale when the time elapses or the conditions are fulfilled subjectto which the property in the goods is to be transferred.

Section 5 Contract of sale how made.

(1) A contract of sale is made by an offer to buy or sell goods for aprice and the acceptance of such offer. The contract may provide for the immediate delivery of the goodsor immediate payment of the price or both, or for the delivery or payment by instalments, or that thedelivery or payment or both shall be postponed. (2) Subject to the provisions of any law for the time being in force, a contract of sale may be made inwriting or by word of mouth, or partly in writing and partly by word of mouth or may be implied from theconduct of the parties.
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