Sales and Good Act, 1930 Meaning and Essential Elements of Contract of Sale
Till 1930, transactions relating to sale and purchase of goods were regulated by the Indian Contract Act, 1872.In 1930,Sections 76 to 123 of the Indian Contract Act, 1872 were repealed and a separate Act called ‘The Indian Sale of Goods Act,1930 was passed. It came into force on 1st July,1930.With effect from 22ndSeptember,1963,the word ‘Indian’was also removed.Now,the present Act is called’ The sales of goods act,1930’. This Act extends to the whole of India except the State of Jammu and Kashmir.
Scope of the Act
The sale of Goods Act deals with ‘Sale of Goods Act,1930,’contract of sale of goods is a contract whereby the seller transfers or agrees to transfer the property in goods to the buyer for a price.” ‘Contract of sale’ is a generic term which includes both a sale as well as an agreement to sell.
Essential elements of Contract of sale
- Seller and buyer
There must be a seller as well as a buyer.’Buyer’ means a person who buys or agrees to buy goods[Section 2910].’Seller’ means a person who sells or agrees to sell goods [Section 29(13)].
There must be some goods.’Goods’ means every kind of movable property other than actionable claims and money 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[Section 2(7)].
- Transfer of property
Property means the general property in goods,and not merely a special property[Section 2(11)]. General property in goods means ownership of the goods. Special property in goods means possession of goods.Thus,there must be either a transfer of ownership of goods or an agreement to transfer the ownership of goods.The ownership may transfer either immediately on completion of sale or sometime in future in agreement to sell.
There must be a price.Price here means the money consideration for a sale of goods[Section 2(10)].When the consideration is only goods,it amounts to a ‘barter’ and not sale.When there is no consideration ,it amounts to gift and not sale.
- Essential elements of a valid contract
In addition to the aforesaid specific essential elements,all the essential elements of a valid contract as specified under Section 10 of Indian Contract Act,1872 must also be present since a contract of sale is a special type of a contract.