The contact of sale
Agreement to sell
Formation of the contract
Terms of the contract
Transfers of the property
Transfer of the title
Performance of the contract
Remedies for breach
1.1 Definition of Goods Sale of Good Act 1957 defines the word goods as meaning ‘every kind of movable property other than actionable claims and money, and includes stock and shares, growing crops, grass and things attached to or forming part of the land which are agreed to be severed before sale or under the contract of sale. By virtue of this definition therefore land is excluded from the sale of goods act.
Existing goods
Are goods already owned or possessed by the seller and may be either specified or agreed upon at the time a contract of sale is made.
Specific good
Means goods identified and agreed upon at the time a contract of sale is made.
Future goods
Goods to be manufactured or produce by the seller after the making of the contract of sale.
2.0 The contract of sale
A contract of sale of goods is a contract whereby the seller transfers or agrees to transfer the properties in good to the buyer for a price. A sale occurs when the ownership or property in good passes to the buyer.
3.0 Agreements to sell
A sale must be distinguished from an agreement to sell. A sale is a conductor under which the property in the goods is transferred from the seller to the buyer. An agreement to sell is a contract under which the transfer of the transfer of the property in the goods is to take place at a future time or subject to some condition thereafter to be fulfilled an agreement to sell becomes a sale the time elapses or the condition are fulfilled subject to which the property in the goods is to be transferred.
4.0 Formation of the contract
Formation
A contract of sale is made by an offer to buy or sell goods at a price and by the acceptance of such an offer. The contract may provide for the immediate delivery of