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3. Sale of Goods Act Cases
Case 1: Sale vs. Agreement to Sell
Scenario:
-
A agrees to sell B 100 bags of rice after receiving stock from his supplier.
- Later, A refuses to supply the rice, claiming that he never received the stock.
- B sues for breach of contract.
Legal Principle Applied:
- Since the goods were not in A’s possession at the time of contract, it was an agreement to sell, not a sale.
- In an agreement to sell, ownership transfers only when the goods are delivered.
Outcome:
- B could only sue for damages and not for specific performance.
Case 2: Breach of Warranty
Scenario:
- A buyer purchases a laptop with a one-year free servicing warranty.
- The seller refuses to provide free servicing.
Legal Principle Applied:
- A warranty does not affect ownership but allows the buyer to claim damages.
Outcome:
- The buyer can sue for damages but cannot cancel the contract.
Case 3: Rights of an Unpaid Seller
Scenario:
- A seller delivers 100 units of furniture to a buyer.
- The buyer becomes insolvent before making payment.
- The seller stops the goods in transit and resells them.
Legal Principle Applied:
-
Section 50 of the Sale of Goods Act, 1930: If the buyer becomes insolvent, the seller can stop the goods in transit and retain them.
Outcome:
- The court ruled that the seller had the right to resell the goods to recover losses.
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