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Sale of Goods Act, 1930 – Section Summary

SectionRuleKey ConceptCase Law
2DefinitionsGives meanings of key terms like buyer, seller, goods, delivery. Helps understand the Act clearly.Commissioner of Sales Tax v Sai Publication Fund
4Sale and Agreement to SellSale = ownership passes immediately. Agreement to sell = ownership will pass later.State of Madras v Gannon Dunkerley & Co.
5Contract of SaleContract can be made in writing, orally, or by conduct (actions).Brogden v Metropolitan Railway Co.
6Existing or Future GoodsGoods can be existing or future (to be made later).Re Wait
7Goods Perishing Before ContractIf goods are destroyed before contract, contract is void (invalid).Couturier v Hastie
8Goods Perishing After AgreementIf goods perish after agreement but before sale, contract becomes void.Howell v Coupland
9PricePrice may be fixed, agreed, or decided later.Foley v Classique Coaches Ltd.
10Agreement to Sell at ValuationIf price is to be fixed by third party and not done, contract may become void.Sudbrook Trading Estate Ltd v Eggleton
11Conditions and WarrantiesContract terms may be conditions (important) or warranties (less important).Poussard v Spiers
12Condition and Warranty DefinedCondition is essential term. Warranty is secondary term.Bettini v Gye
13When Condition Treated as WarrantyBuyer may choose to treat condition as warranty in some cases.Arcos Ltd v Ronaasen
14Implied UndertakingsSeller must have right to sell and give good ownership.Rowland v Divall
15Sale by DescriptionGoods must match the description given.Varley v Whipp
16Implied Conditions as to QualityGoods must be of reasonable quality and fit for purpose.Grant v Australian Knitting Mills
17Sale by SampleGoods must match the sample shown.Godley v Perry
18Passing of PropertyOwnership passes when parties intend it to pass.Carlos Federspiel v Charles Twigg
19Rules for Passing PropertyGives rules to decide when ownership passes.Dennant v Skinner
20Specific Goods in Deliverable StateOwnership passes when contract is made.Underwood Ltd v Burgh Castle Brick Co.
21Goods to be Put in Deliverable StateOwnership passes after goods are made ready.Ward v Bignall
23Unascertained GoodsOwnership passes when goods are identified and agreed.Re Goldcorp Exchange Ltd
25Reservation of Right of DisposalSeller may keep ownership until conditions are met.Aluminium Industrie Vaassen BV v Romalpa Aluminium Ltd
26Risk Passes with OwnershipRisk passes with ownership unless agreed otherwise.Demby Hamilton & Co Ltd v Barden
27Sale by Non-OwnerOnly owner can sell goods. Buyer gets no ownership if seller is not owner.Nemo Dat Rule Case: Rowland v Divall
28Sale by One of Joint OwnersValid if one owner sells with permission of others.Cundy v Lindsay
29DeliveryDelivery means transfer of possession from seller to buyer.Colley v Overseas Exporters
31Duties of Seller and BuyerSeller must deliver goods, buyer must pay price.Payne v Cave
32Payment and DeliveryPayment and delivery are usually done together.Morton v Lamb
33Delivery of GoodsDelivery may be actual, symbolic, or constructive.Elmore v Stone
34Effect of Part DeliveryPart delivery may mean full delivery if intended.Kendall v Marshall
37Delivery of Wrong QuantityBuyer may accept or reject goods if quantity is wrong.Hart v Mills
39Delivery by InstalmentsBuyer can reject if instalments are not as agreed.Maple Flock Co Ltd v Universal Furniture Products
41Buyer's Right to ExamineBuyer has right to check goods before accepting.Hardy & Co v Hillerns and Fowler
42Acceptance of GoodsBuyer accepts goods when he says so or uses them.Bramhill v Edwards
45Unpaid SellerSeller is unpaid if full price not received.Kirby v Johnson
46Rights of Unpaid SellerSeller can keep goods, stop goods in transit, or resell.Lickbarrow v Mason
47Right of LienSeller can keep goods until payment is made.Somes v British Empire Shipping Co.
50Suit for PriceSeller can sue buyer for price if buyer refuses to pay.Martindale v Smith
51Damages for Non-AcceptanceSeller can claim damages if buyer refuses goods.Hadley v Baxendale
52Specific PerformanceCourt may order actual delivery of goods.Beswick v Beswick
55Suit for Price by SellerSeller can sue for price when ownership has passed.Colley v Overseas Exporters
56Damages for Non-DeliveryBuyer can claim damages if seller does not deliver.Hadley v Baxendale
57Specific Performance for BuyerBuyer can ask court to force seller to deliver goods.Sky Petroleum Ltd v VIP Petroleum Ltd
59Remedy for Breach of WarrantyBuyer can claim damages but cannot reject goods.Bettini v Gye