Define sale? write the right and liabilities of buyers and sellers
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seller rights and duties
(i) Conveys his acceptance;
(ii) Does an act adopting the sale; or
(iii) Retains the goods without giving a notice of rejection, beyond the specified date (or reasonable time), in a sale on approval. (sec 24)2.To ascertain and appropriate the goods to the contract of sale3.To deliver the goods only when applied for by the buyer ( sec 35)3.To pass an absolute and effective title to the goods, to the buyer.4.To make delivery of the goods in installments, when so agreed ( sec 39 (1)4.To deliver the goods in accordance with the terms of the contract ( sec 31)5.To exercise lien and retain possession of the goods, until payment of the price ( sec 47 (1)5.To ensure that the goods supplied conform to the implied / express conditions and warranties.6.To stop the goods in transit and resume possession of the goods, until payment of the price ( sec 49 (2) and 506.To put the goods in a deliverable state and to deliver the goods as and when applied for by the buyer ( sec 35)7To resell the goods under certain circumstances ( sec 54)7To deliver the goods within the time specified in the contract or within a reasonable time and a reasonable hour. [ sec 36 (2) and (4)]8To withhold delivery of the goods when the property in the goods has not passed to the buyer (sec 46 (2)8To bear all expenses of and incidental to making a delivery ( i.e. upto the stage of putting the goods into a deliverable sate 0 (sec 36 (5)9To sue the buyer for price when the property in the goods has passed to the buyer or when the price is payment on a certain day, in terms of the contract, and the buyer fails to make the payment (sec 55)9To deliver the goods in the agreed quantity. (Sec. 37 (1). 10To deliver the goods in installments only when so desired by the buyer. (Sec 38 (1)) 11To arrange for insurance of the goods while they are in transmission or custody of the carrier. (Sec. 39 (2). 12To inform the buyer in time, when the goods are sent by a sea route, so that he may get the goods insured [Sec. 39 (3) ]
Rights and Duties of the Seller
The rights and duties of a seller, under the Act, may be summarized as below:
(i) Conveys his acceptance;
(ii) Does an act adopting the sale; or
(iii) Retains the goods without giving a notice of rejection, beyond the specified date (or reasonable time), in a sale on approval. (sec 24)2.To ascertain and appropriate the goods to the contract of sale3.To deliver the goods only when applied for by the buyer ( sec 35)3.To pass an absolute and effective title to the goods, to the buyer.4.To make delivery of the goods in installments, when so agreed ( sec 39 (1)4.To deliver the goods in accordance with the terms of the contract ( sec 31)5.To exercise lien and retain possession of the goods, until payment of the price ( sec 47 (1)5.To ensure that the goods supplied conform to the implied / express conditions and warranties.6.To stop the goods in transit and resume possession of the goods, until payment of the price ( sec 49 (2) and 506.To put the goods in a deliverable state and to deliver the goods as and when applied for by the buyer ( sec 35)7To resell the goods under certain circumstances ( sec 54)7To deliver the goods within the time specified in the contract or within a reasonable time and a reasonable hour. [ sec 36 (2) and (4)]8To withhold delivery of the goods when the property in the goods has not passed to the buyer (sec 46 (2)8To bear all expenses of and incidental to making a delivery ( i.e. upto the stage of putting the goods into a deliverable sate 0 (sec 36 (5)9To sue the buyer for price when the property in the goods has passed to the buyer or when the price is payment on a certain day, in terms of the contract, and the buyer fails to make the payment (sec 55)9To deliver the goods in the agreed quantity. (Sec. 37 (1). 10To deliver the goods in installments only when so desired by the buyer. (Sec 38 (1)) 11To arrange for insurance of the goods while they are in transmission or custody of the carrier. (Sec. 39 (2). 12To inform the buyer in time, when the goods are sent by a sea route, so that he may get the goods insured [Sec. 39 (3) ]
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