Generic selectors
Exact matches only
Search in title
Search in content
Post Type Selectors

Define sale and distinguish between sale and agreement to sell.

Sale of Goods Act, 1930

Sale under the Sale of Goods Act, 1930:

  • Sale refers to a contract where ownership of goods is transferred from the seller to the buyer for a price.
  • It involves an immediate transfer of property, and the buyer becomes the owner of the goods.

Agreement to Sell under the Sale of Goods Act, 1930:

  • Agreement to sell is a contract where the transfer of ownership of goods is to take place at a future time or upon the occurrence of a specified event.
  • Ownership of the goods remains with the seller until the agreed-upon conditions are fulfilled.

Differences between Sale and Agreement to Sell:

SaleAgreement to Sell
Transfer of OwnershipImmediate transfer of ownership from seller to buyerTransfer of ownership is contingent upon future conditions being fulfilled
Risk of LossOnce ownership is transferred, risk of loss or damage passes to the buyerRisk of loss or damage remains with the seller until ownership is transferred
RemediesNon-defaulting party can sue for damages or specific performanceNon-defaulting party can only sue for damages, not specific performance
InsolvencyBuyer’s rights to the goods are protected even if the seller becomes insolvent after the saleBuyer’s rights may be affected if the seller becomes insolvent before ownership is transferred