Meaning and types of goods Sale of Goods Act LLB Notes

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Meaning and types of goods





Introduction;-

Sales of Goods Act deal with all those agreements and contracts in which the transfer of moveable property from one person to another takes place. There occur numerous contracts for the sale of goods in which either the goods are delivered immediately or they are delayed to a certain date. These two possibilities are explored in this Act under two different topics which are 'Sale & Agreement to Sell'.

Meaning of goods[Section 2(7)]


Goods means every kind of movable property other than actionable claims and money,and includes the following:


  • Stock and share
  • Growing crops,grass and thing attached to or forming part of the land which are agreed to be served before sale or under the Contract of sale.







Types of Goods[Section 6]






1)Existing Goods;-

Existing goods mean the goods which are either owned or possessed by the seller at the time of contract of sale.The existing goods may be specific or ascertained or unascertained as follows:

a) Specific Goods[Section 2(14)]:


These are the goods which are identified and agreed upon at the time when a contract of sale is made-For example,specified TV,VCR,Car,Ring.

b) Ascertained Goods:


Goods are said to be ascertained when out of a mass of unascertained goods,the quantity extracted for is identified and set aside for  a given contract.Thus,when part of the goods lying in bulk are identified and earmarked for sale,such goods are termed as ascertained goods.

c) Unsanctioned Goods:


These are the goods which are not identified and agreed upon at the time when a contract of sale is made e.g. goods in stock or lying in lots.

2. Future Goods[Section 2(6)]


Future goods mean goods to be manufactured or produced or acquired by the seller after the making of the contract of sale.There can be an agreement to sell only.There can be no sale in respect of future goods because one cannot sell what he does not possess.

3. Contingent Goods [Section 6(2)]


These are the goods the acquisition of which by the seller depends upon a contingency which may or may not happen.




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