Transfer of Property

Rules regarding transfer of

property 1. In specific or ascertained goods :

If the intention of the party be judged then the following rules shall apply When goods are in deliverable state When goods have to be put into deliverable state. When goods have to be measured to ascertain the price

Rules regarding transfer of property 2. In unascertained or future goods : The ownership of unascertained goods is transferred to the buyer when the following two conditions are fulfilled : The goods must have been ascertained The goods must have unconditionally appropriated by the seller or the buyer with the consent of the other.

Rules regarding transfer of property

3. In goods sent on approval or on sale or return basis : It mean those goods in respect of which the buyer has the option either to return or retain. The property in such type of goods passed on to the buyer when He signifies his approval or acceptance to the seller or does any other act If he does not signify his approval or acceptance to the seller but retains the goods without giving notice of rejection beyond the time fixed or a reasonable period of time.

Performance of a contract of sale

Duty of the seller and the buyer Delivery Modes of delivery
Actual delivery Symbolic delivery Constructive delivery

Rules regarding delivery

1. 2. 3. 4. 5. 6. 7.

Delivery may be either actual or symbolic or constructive. Delivery and payment are concurrent. Delivery to be made to buyer. Part delivery. Buyer to apply for the delivery. Mode of delivery. Place of delivery

Goods are to be delivered at the place at which they are at the time of sale. Goods agreed to be sold are to be delivered at the place at which they are at the time of agreement to sell Goods not then existence are to be delivered at the place at which they are manufactured or produced.

Rules regarding delivery

8. Time of delivery. 9. Demand at reasonable hour. Goods in possession of third person. 10. Expenses. 11. Installment delivery. 12. Goods delivered at distant place.

Delivery of wrong quality

Incase of short delivery. Incase of excess delivery Where the seller mixes his goods with the buyers goods.

Acceptance of delivery
Acceptance of delivery by the buyer. Rules of acceptance
Examining goods When is it accepted?
He intimates to the seller that he has accepted it
Where goods are delivered to him or does some action After lapse of time he retain the goods

Buyers liability for rejecting ,neglecting, or refusing delivery of the goods Pay for Any loss occasioned by his neglect or refusal to tae delivery Reasonable charge for the care and custody of goods.

Rights and duties of the buyer

Rights To receive the goods To repudiate the contract if the seller commits breach of contract. To have reasonable opportunity yo examine the goods To sue the seller for damages for non delivery of the goods. To sue the seller for specific performance of the contract. To sue the seller for the breach of warranty. Incase of breach of contract by the seller , when the buyer sues for the refund of the price ,the buyer has the right to claim the interest on the amount of price paid

Duties
To pay for the goods and delivery thereof To apply for the delivery of goods To compensate seller for any loss occasioned by his neglect

Rights of seller
To receive the price of the goods To receive compensation or sue for the damages To receive reasonable charge for care and custody of the goods. If he is unpaid seller then to exercise his right of lien Sue the buyer for damages for wrongfully neglecting or refusing to accept the goods To recover the interest Sue for the price of the goods Sue for the damages on the buyer for repudiating the contract.

Duties
To deliver the goods when the buyer demands. To compensate the buyer if he repudiates the contract. Give reasonable opportunity to the buyer to examine the goods To compensate the buyer if the prodoct is of wrong quantity.