Contract of sale of goods

Contract of sale of goods is defined in section 4 of the Sales of Goods Act 1957 as a contract in which sellers transfer ownership of, or agree to transfer ownership rights of such goods to the buyer with the replies mentioned the price. A contract of sale may be in the form of absolute or conditional.

Sales contract also includes an agreement to sell and sales. Sales occur when under the contract of sale the property to the goods transferred from the seller to the buyer but an agreement to sell the property to occur when the goods will only be moved at a time before or after the conditions are complied with. Differences both sales agreement is the transfer of ownership occurs while the agreement to sell the property transfer occurred at a time before. This difference is particularly important in terms of transfer of risk of these and from the corner of the remedies can be claimed.

When sales occur in the contract description, then there is a known condition that goods sold shall meet the given subject. The extent that goods sold must meet the description must be viewed from the angle of the principle that says de minis non curat lex, that "law is not a trivial matter concerned".

Sales usually happen when the buyer through the description agreed to buy goods based on the description given by the seller. Sometimes buyer see the goods to be purchased, but is sometimes considered as sales through description. Example in the case of Taylor vs. Beale. In case a buyer was interested in an ad selling a car that describe the car as a 1961 model. Buyers inspect the car before purchase. After buying the car he found semi-car model 1961 car models and half earlier.
Court decided the seller had violated the conditions known about the subject because even though the buyer has seen the car, buyers are still dependent on the subject given by the seller in making the decision to buy. Determining the facts in section 15 Sale of Goods Act where goods are coincide exactly with the subject. The quality and quality does not arise. According to section 12 (2) Sale of Goods Act failure to provide goods seller described the actual contract allows the buyer rejects.