Section 4(1) of Sales Of Good Act,1930 defines a contract of sale as under:
A contract of sale of goods is a contract whereby the seller transfers or agrees to transfer the property in the goods to the buyer for a price.
The essentials to constitute such a contract are:
(1) It is a contract between the two parties, one known as the seller and the other the buyer- It is a contract between a seller and a buyer. The seller means a person who sells or agrees to sell and the buyer means a person who buys or agrees to buy the goods.
(2) The subject matter of a contract is goods- Section 2(7) of The Sale oF Goods defines Goods as:
‘ Goods means every kind of movable property other than actionable claims and money; and includes stock and share, growing crops, grass and things attached to or forming part of the land which are agreed to be served before sale or under the contract of sale.’
(3) The seller should transfer or agree to transfer the property (ownership) in the goods to the buyer- In every contract of sale there is to be transfer of property in the goods from the seller to the buyer. According to the sale of Goods Act, “property” means general property in the goods rather than mere “special property”.
(4) The transfer of property in the goods from the seller to the buyer is for consideration known as ‘price’- Consideration for the contract of sale has to be ‘price’. According to section 2(10), price means the money consideration for a sale of goods. If the consideration is not in terms of money, it may be a contract other than that of sale.
I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.
If you are interested in participating in the same, do let me know.
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