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Formalities of a Contract of Sale Under Section 5: Why Writing Is Not Always Mandatory in India
Table of Contents The Everyday Sale That Creates a Legal Contract The Statutory Baseline: Section 5(1) and How a Contract Is Made Section 5(2): No Formalities Required Why the Absence of Formality Is a Deliberate Legislative Choice The Crucial Qualification: Subject to Any Law for the Time Being in Force Implied Contracts in Commercial and Statutory Settings Absolute vs Conditional Contracts of Sale Writing as Evidence vs Writing as Validity Practical Consequences of No Forma
Umang
19 hours ago14 min read


Price in a Contract of Sale Under Sections 9–10: Agreed Price, Reasonable Price, and Valuation by Third Party
Table of Contents The Problem of the Unpriced Contract Price as Consideration: The Foundational Requirement Section 9: The Three Primary Modes of Fixing Price The Residual Rule: Reasonable Price Section 10: Agreement to Sell at Valuation by a Third Party Section 64A: Effect of Tax Changes on Contracted Price Connecting Price to Wider Contractual Obligations Practical Problem-Solving Under Sections 9 and 10 Conclusion Frequently Asked Questions The Problem of the Unpriced Cont
Umang
Jun 215 min read


Mercantile Agent Under Section 2(9): Authority to Sell, Pledge, and Consign — And Where It Ends
Table of Contents The Commercial Reality Behind the Legal Definition The Text of Section 2(9): Unpacking the Definition The General Rule and Its Principal Exception: Nemo Dat and the Proviso to Section 27 The Four Conditions for Good Title Under the Proviso The Case Law That Defines the Boundaries Where the Authority of a Mercantile Agent Ends Burden of Proof The Mercantile Agent Exception in the Broader Context of Sections 27 to 30 Conclusion Frequently Asked Questions The C
Umang
May 2616 min read


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
Umang
May 2115 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
Umang
May 1715 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
Umang
Apr 2312 min read
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