Case study related to sale of goods act 1930

When applied to the fire, they exploded, allegedly greatly adding to the damage. However, if the buyer has further transferred the documents of title to a bona fide purchaser the seller's lien is defeated.

Practical questions on sale of goods act

Originally, the provisions relating to sale of goods were part of the Indian Contract Act, which as such did not provide for the equitable remedy of specific performance. Furthermore, in estimating the loss or damage caused by a breach of contract, the means which existed of remedying the inconvenience caused by the non-performance of the contract must be taken into account. Decision: It was held that breach of warranty has occurred and the seller was liable in damages for breach of warranty. The ship was an old ship but her engines and boilers were new, so as to satisfy the German regulations, and the buyer could have her registered immediately in Germany. The buyer company is not entitled to recover the goods from the receiver. The right of lien is linked with possession of the goods and not with the title. Minimax Ltd. Where the seller failed to deliver timber, the market price of the timber, on the due date for delivery was taken as the basis for assessing damages. Remedy for Breach of Warranty Section 59 1 Where there is a breach of warranty by the seller, or where the buyer elects or is compelled to treat any breach of a condition on the part of the seller as a breach of warranty, the buyer is not by reason only of such breach of warranty entitled to reject the goods; but he may- a Set up against the seller the Brach of warranty in diminution or extinction of the price; or b Sue the seller for damages for breach of warranty. The passing of the property depends upon certain conditions, and if these conditions are not fulfilled, he cannot sue for the payment under this section. Gilroy sent a delivery order for bags from a wharf, and wrote saying that the remaining 15 bags were ready for delivery at his place of business. The exemption clause affects the catalogue but not the oral assurance which is given by the seller and the auctioneer.

Therefore a breach of condition as to fitness was breached. An unpaid seller may resell the goods -- 1.

In view of these facts and the price, the ship was of peculiar value to the buyer, and there was only one other ship on the market that would suit his requirements. The buyer can seek damages for non-delivery of goods, damages for breach of warranty or specific performance of the contract.

Sale of goods act 1957 case study

The term seller includes any person who is in the position of a seller, for example, anagent of the seller to whom the bill of lading has been endorsed, or a consignor or agentwho has him paid or is directly responsible for the price. If such notices is not given, the unpaid seller shall not be entitled to recover such damages and the buyer shall be entitled to the profit, if any, on the re- sale. But the buyer is entitled to damages. Therefore, this is not a minor defect and frustrated the main purpose of the contract. Where the defeated; where it operates as a pledge or mortgage of the goods, the seller has still the rights to stop all the property which remains in the buyer but it cannot be exercised as to effect the interests of the transferee. Also, in cases where the buyer has lawfully rejected the goods, he must proceed not under this section, but under s. Reasoning: The intention of the parties was that the property should pass on shipment which could not have been done and therefore there was no appropriation and the action failed. It does not deal with the cases of fraudulent misrepresentation, which may enable the buyer to set aside the contract nor with cases where by the express terms of the contract the buyer may return the goods in case of a breach of warranty. Damages for non-acceptance Section 56 Where the buyer wrongfully neglects or refuses to accept and pay for the goods, the seller may sue him for damages for non-acceptance. In case of other goods, when after giving a notice to the buyer of his intention to resell the goods, the buyer does not pay the price within a reasonable time; and 3. The damages are assessed on the basis of the principles contained in sections 73 and 74 of the Indian Contract Act, Transfer of all bill of lading may operate as transfer of constructive possession of the goods even though the property in goods has already passed to the transferee. He drove it 2, miles within three weeks of purchase and then the engine seized up. Where however the buyer has failed to prove the alleged damages caused due to short supply of goods by seller and has also not served to seller a notice under Section 55 of the Indian Contracts Act, the buyer cannot claim damages. Whether the coat is unfit for purpose?

The printed conditions of sale excluded liability for misdescription. Section 54 provides an unpaid seller with a limited right to resell the goods. Decision: It was held that breach of condition occurred and Godts could refuse to accept the goods. Therefore dissimilarity with the description of the delivered goods caused the breach of such condition.

This project is a result of an extensive research, study, hard work and labor that has been put into to make it worth reading. Here the goods corresponded with the sample but not with the description.

Practical questions on sale of goods act

Perry [] 1 W. Summary of Fact: Mrs. Whether a breach of condition occurred? If such notices is not given, the unpaid seller shall not be entitled to recover such damages and the buyer shall be entitled to the profit, if any, on the re- sale. Where the goods are deliverable by instalments and the buyer has to accept one or the other or all the instalments, the difference in prices is to be reckoned with on the day that a particular instalment was to be delivered[v]. Case No. Reasoning: The buyer had relied at least to some extent on the description of the goods which becomes a condition. When the property in the goods has passed, the buyer, provided that he is entitled to the immediate possession, has all the remedies of an owner against those that deal with the goods in a manner inconsistent with his rights. Issue: Whether any breach of condition has occurred? In the case of President of India v La Pintada Compania Navigacion SA[xxiv], the House of Lords upheld the rule that common law does not permit interest being awarded by way of general damages for delay in payment of a debt beyond the date if it became contractually due. Decision: It was held that the carpet in bales was not in a deliverable state. This position was made explicit in s 54 2. The seller remains as unpaid seller as long as any portion of the price, however small,remains unpaid. It would be in a deliverable state if it would be laid.

It is necessary that the buyer should rely on the warranty, and act reasonably, that is to say, he should take reasonable steps to minimize the damages. She had an unusually sensitive skin and there was nothing in the coat that would have affected anyone with normal skin.

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