An implied condition on the part of the seller is that in the case of a sale the seller has a right to sell the goods, and that in the case of an agreement to sell the seller will have a right to sell the goods at the time when the property is to pass. In relation to contracts of sale of goods, explain the above implied condition with the support of relevant statutory provisions and case laws.

 

A contract of sale of goods is contract whereby the seller transfers or agrees to transfer the property in goods to the buyer for a money consideration, called the price.

There may be a contract of sale between one party and another, a contract sale may be conditional or absolute.

Essentials elements of contract of sale of good are;

Goods- the subject matter of contract of sale must be goods

Price-Buyer must pay some price for good

Two parties-A contract of sale of goods is bilateral in nature where property in the goods has to pass from one party to another.

Transfer of ownership-transfer of property in goods is integral in sale of goods.

All essentials of a valid contract of sale

Includes both a sale and agreement to sell.

In relation to contracts of sale of goods, explain the above implied condition with the support of relevant statutory provisions and case laws.

The contract of sale includes both sale and agreement to sell.

The sale in an executed or absolute whereas agreement to sell is executory contract and implies a conditional sale.

Contract of sale can be made merely by an offer to sale or buy goods with a price , followed by acceptance of such offer.