The contract of sale: history, definitions (s. 2), sale and agreement to sell (s. 4), and sale distinguished from hire-purchase, bailment, work and labour and auction (s. 64)
LUG-103 Law of Contract including Specific Relief Act & Sale of Goods Act, Unit V: Sale and agreement to sell. · LLB · 60 min
The Sale of Goods Act 1930 grew out of Chapter VII of the Contract Act and the English Act of 1893. This lecture covers that history and the changes the 1930 Act made, the definitions in s. 2 (goods and their classification, price, delivery and its forms, buyer, seller, document of title, mercantile agent), the essentials of a contract of sale and the distinction in s. 4 between a sale and an agreement to sell, and then separates a sale from its look-alikes: hire-purchase (Lee v. Butler, Helby v. Matthews), bailment, a contract for work and labour (Gannon Dunkerley) and the auction sale of s. 64 (Payne v. Cave). These are the most frequently examined parts of Unit V.
Objectives
- Explain the history of the Sale of Goods Act 1930 and the main changes it made to the law in Chapter VII of the Contract Act
- Define goods, price, delivery, buyer, seller and the other terms in s. 2 and classify goods as existing, future and contingent, specific, ascertained and unascertained
- State the essentials of a contract of sale and distinguish a sale from an agreement to sell under s. 4 with their consequences
- Distinguish a sale from hire-purchase, bailment, a contract for work and labour, exchange and gift with the leading cases
- Apply the rules of s. 64 on sales by auction to a problem
Slides
- From Chapter VII of the Contract Act to the Act of 1930
- What the 1930 Act changed
- Section 2: goods and their classification
- Section 2 continued: buyer, seller, price, delivery, document of title, mercantile agent
- Section 4: the contract of sale and its essentials
- Sale v agreement to sell: the comparison table
- Why the distinction matters: goods perishing (ss. 7-8) and the risk rule (s. 26)
- Sale v hire-purchase: Lee v. Butler and Helby v. Matthews
- Sale v bailment, work and labour (Gannon Dunkerley), exchange, gift and security
- Sale by auction: s. 64 and Payne v. Cave
- How the examiner asks it
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