The Sale of Goods Act,1979 by ANJU ESTHER BALAKRISHNAN at LEXCLIQ.

The Sale of Goods Act of 1979 is a British law that governs contracts for the sale and purchase of goods. The Sale of Goods Act serves a number of purposes. A buyer is someone who wishes to purchase something from a seller, while a seller is someone who wishes to sell something to a buyer. To put it simply, the Sales of Goods Act is a contract in which items are sold and bought, and it implies that the seller transfers ownership of the goods to the buyer in exchange for a fee.

Now that the law has put more duty on the seller, the seller will be able to safeguard all purchasers, because contemporary law has demonstrated that buyers have grown increasingly reliant on the seller’s honesty, expertise, and judgment. A contract of sale is a legal agreement between a seller and a buyer to exchange products, services, or property for a predetermined amount of money paid or promised to be paid. It’s a particular sort of legal agreement.

Meaning of Goods
In Section 61, the term “good” refers to all personal property, although it excludes any services or choices in action or money. Soil products are often supplied with the intention of severance and are therefore goods under the Act of 1979. Crops sold with the land on which they are grown would not be considered “severed before sale or under the contract of sale,” as required under Section 61.

Terms Implied By the Sale of Goods Act

These terms are implicit in transactions, including those governed by the Sale of Goods Act. If the defendant violates the conditions of sale of goods legislation, they will be sued for damages. When the violation is so minor that it is unreasonable for a non-consumer buyer to reject the products for breach of the implied terms of description, quality, fitness, or sample, the buyer can only sue for breach of warranty.

Section 13(1) states that there is an implied requirement in a contract for the sale of goods by the description that the items must match the description. A sale by description occurs when the buyer buys based only on the description and has never seen the items. In the case of a mail-order transaction, this is a classic illustration. Even if the products are picked or viewed by customers from the seller’s stock at the sale counter, the goods are characterized by their contain packaging. As a result, a transaction at a self-service store would be governed by Section 13 even if the salesperson said nothing.

In conclusion, the Sale of Goods Acts of 1979, sections 12(1) and (2), 13(1), 14(3), and 15 depict the connection between the buyer and seller and address issues such as the parties’ rights and obligations, as well as their remedies in the event of a violation. The Sales of Goods Acts of 1979 assist customers in protecting themselves from being defrauded. As a result, the vendor has a tough time defrauding their consumer for their own benefit.

 

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