Sale of Goods Act

What Constitutes 'Goods' Under Section 2(7): Why Actionable Claims, Money, and Stock Are Excluded

Table of Contents The Question That Opens Every Sales Law Course The Text of Section 2(7): Parsing the Definition The Positive Core: Every Kind of Movable Property The Express Exclusions: Actionable Claims and Money Stock and Shares: The Express Inclusion Land-Attached Items: The Severance Test Water, Air, Electricity, and Gas Human Tissues and Organs: A Developing Area Applying the Definition: A Classification Test Conclusion Frequently Asked Questions The Question That Open

Sale of Goods Act

Umang

3 days ago15 min read

Future Goods, Contingent Goods, and Existing Goods Under Section 6: How the Nature of Goods Dictates Contractual Obligations

Table of Contents Why the Classification of Goods Is Not Merely Academic The Statutory Framework: Section 6 and the Definitions it Draws Upon Existing Goods: The Three Sub-Categories Future Goods: Section 2(6) and the Agreement-to-Sell Rule Contingent Goods: Section 6(2) and the Uncertain Event How the Classification Dictates Passing of Property Perishing of Goods and the Classification Nexus Practical Illustrations and Problem-Solving Conclusion Frequently Asked Questions Wh

Sale of Goods Act

Umang

May 1715 min read

Hire-Purchase vs Contract of Sale: The Sundaram Finance Ltd. v State of Kerala Test and Its Sales Tax Implications

Table of Contents The Commercial Problem Behind the Legal Question The Statutory Definition: What Is a Hire-Purchase Agreement? The Structural Difference: Sale vs Hire-Purchase at a Glance The Borderline: When an Instalment Agreement Is Not a Hire-Purchase The Sales Tax Battlefield M/s. K.L. Johar & Co. v Commissioner of Tax Officer (AIR 1965 SC 1082) Sundaram Finance Ltd. v State of Kerala (AIR 1966 SC 1178): The Definitive Test The Hirer's Rights of Assignment: D.E. Kasisah

Sale of Goods Act

Umang

Apr 2715 min read

Sale vs Agreement to Sell: Why the Distinction Determines Who Bears the Risk When Goods Perish Under Section 4

A Question of Ownership — and Loss What Section 4 Actually Says Sale: The Executed Contract Agreement to Sell: The Executory Contract The Governing Principle: Risk Follows Ownership Section 26 and the Prima Facie Rule When Goods Perish Before the Contract: Section 7 When Goods Perish After the Agreement but Before Risk Passes: Section 8 The Full Table of Consequences Right to Sue for Price vs. Damages Jus in Rem vs. Jus in Personam Right of Resale Insolvency of Seller Insolve

Sale of Goods Act

Umang

Apr 2312 min read