RULES WITH REGARD TO TRANSFER OF PROPERTY

by • 24/06/2013 • GeneralComments (0)340

Q.2      What are the rules with regard to transfer of property in goods from the seller to the buyer?

Ans      RULES WITH REGARD TO TRANSFER OF PROPERTY

According to the Sale of Goods Act, the following are the rules with regard to transfer of property in goods from the seller to the buyer.

1.         GOODS MUST BE ASCERTAINED

The goods for which contract has been made must be ascertained. Where there is a contract for unascertained goods no property in the goods Is transferred v.> the buyer unless and until the goods are ascertained. [Sec 18]

2.         PROPERTY PASSES WHEN INTENDED TO PASS

Where there is an unconditional contract for the sale of specific goods in a deliverable state, the property in the goods passes to the buyer when the contract is made and it is immaterial whether the time of payment of the price or the rime of deliver/ of the goods or both, is postponed. [Section 20]

3.         SPECIFIC GOODS TO BE PUT INTO A DELIVERABLE STATE

Where there is contract for sale of specific goods and the seller is bound to do something to the goods for the purpose of putting them into a deliverable state; the property does not pass until such thing is done and the buyer has notice there of [Section 21].

4.         SEPSIFIC COOPS IN A DEMVERMBLS STATE SUBJECT TO MEASUREMENT

Where there is a contract for sale cf specific goods in a deliverable state the seller is bound to weight, measure test or do some other act or thing with reference to the goods for the purpose of ascertaining the price, the property does not pass until such act or thing dome and the buyer has notice there of [Section 22}.

5.         SALE OF UNASCERTAINEP COOPS

Where there is a contract for the sale of unascertained or future goods by description and goods in that description and in a deliverable state are unconditional appropriated to the contract either by the seller with the ascent of the buyer or by the buyer with the assent of the seller, the property in goods there upon passes to the buyer. Such ascent maybe expressed or implied. [Section 23]

6.         GOODS SENT ON APPROVAL OR “ON SALE OR RETURN”

When goods are delivered to the buyer on approval or “on sale or return the property therein passes to the buyer, when he signifies his approval or acceptance to the seller or does any other such act. If the buyer does not signify his approval or acceptance to the seller-and retains the goods without giving any notice of rejection, the property in goods passes to the buyer when the time fixed for return expires or on the expiration of reasonable time if times are not fixed for return.

 

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