presentation on sale of goods

7/29/2019 presentation on sale of goods

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Md. Iqbal Hussain (3-04-06-046)

Muhammad Safaet Morshed Bhuyan (3-11-20-010)

Md. Fizer Rashid (3-11-20-018) Sefat-E-Zahan Rokeya (3-11-20-028)

Abida Afrin (3-11-20-036)

Samsul Islam (3-11-20-039)

Mohammad Abu Bakar Siddique Khan (3-11-20-057)

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The Sale of Goods in

Bangladesh is regulatedby the Sale of Goods Act,

1930

This Act was came into

being on 15th March,1930

Came into force on 1st

July of 1930

The unrepealed

provisions of the

Contract Act, 1872

was continued toapply to contracts for

the Sale of Goods

before this Act


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A transfer ofproperty inthe goodsfrom the

seller to thebuyer

A transfer oranagreement to

transferproperty in

goods

Goodsmeansmovable and

neverimmovable

property

The

considerationfor a sale ofgoods isalways aprice interms of

money

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Sale andAgreementto Sell

When the property is transferredfrom the seller to the buyer is calledSale. And when it is to betransferred in future is called

Agreement to Sale

Sale andBailment Bailment is not a transference of

ownership, but it is a transference ofPossession


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Goods

Goods are basically every kind of movableproperty other than actionable claims and money

Ascertained &Unascertained

Goods

Ascertained goods are goods that are so specific

Unascertained goods are unspecific goods whichidentity is unclear

Passing ofProperty

In case of contract for the sale of ascertainedgoods, the property in the goods passes to thebuyer as soon as the contract is made


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Ascertainment ofPrice:

The price may be fixed by

the contract or may be left

to be fixed in manner

thereby agreed or may bedetermined by the course

of dealing between the

parties.

Agreement to sell atvaluation:

Where there is an

agreement to sell goods on

the terms that the price isto be fixed b the valuation


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A condition is astipulation essential to

the main purpose ofthe contract, thebreach of which givesrise to a right to treatthe contact asrepudiated

Conditions

A warranty is astipulation collateral to

the main purpose ofthe contract, thebreach of which givesrise to claim fordamages but not to aright to reject the

goodsWarranty


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Buyer shall have quietpossession and

enjoyment of goods Goods shall be freefrom any charge infavor of any third party

ImpliedWarranty

Expressed Conditionsare inserted by the

parties into thecontract

ExpressedConditions


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Goods must beascertained:

In case of a contract for the

sale of unascertained

goods, no property in the

goods is transferred to the

buyer unless and until thegoods are ascertained.

Specific goods in adeliverable state:

Where there is an

unconditional contract for

the sale of specific goods

in a deliverable state, the

property in the goods


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Sale of unascertainedgoods andappropriation:

A contract for the sale of

unascertained or futuregoods by description in a

deliverable state are

unconditionally

appropriated to the contract

In pursuance of thecontract, the seller delivers

the goods to the buyer or to

a carrier to other bailee for

the purpose of


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Goods sent onapproval or on saleor return:

Goods are delivered tothe buyer on approval or

"on sale or return" of other

similar terms, the property

therein passes to the

buyer.


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Buying from people who is notthe real owner but still has thevalid titleEstoppel

Is an agent having in thecustomary course of businessas such agent authority to sellgoods

Sale byMercantile

Agent

One of the several jointowners of goods is in the solepossession of them with theconsent of the other owners

Sale by one ofthe JointOwners


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A person obtained goodsunder voidable contract cansell goods

Sale by personobtaining goodsunder voidable

contracts

If after selling the goods theseller remains in possession

Sale by a personin possession ofgoods after they

were sold

If a person after obtainingpossession of goods undera contract of sale transfersto a third party

Sale by buyer inpossession inspite of sellers

lien


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Delivery:Delivery of goods sold may

be made by doing anything

which the parties agree shall

be treated as delivery

Installment Deliveries:

In a contract for the sale of

goods to be delivered by

stated installments which are

to be separately paid for and

the seller makes no delivery

or defective delivery in

respect of one or more


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Delivery to carrier orwharfinger:

The seller is authorized or

required to send the goods

to the buyer, delivery of the

goods to a carrier

Unless otherwise authorized

by the buyer, the seller shall

make such contract with the

carrier or wharfinger onbehalf of the buyer

Where goods are sent by the

seller to the buyer by a route

involving sea transit, theseller sends notice to the


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Apply to Delivery:

In case of delivery of goods,

buyer should apply to the

seller to send or deliver thegoods to him

Acceptance:

The buyer is deemed to

have accepted the goods

when he intimates to the

seller, that he has accepted

them, or when the goods

have been delivered to him


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Liability of buyer for

neglecting or refusingdelivery of goods:

When the buyer does not

within a reasonable time

take delivery of the goods,

he is liable to the seller for

any loss occasioned by his

negligence or refusal


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Buyer's right ofexamining the goods.

When the seller tenders

delivery of goods to the

buyer, he is bound to affordthe buyer a reasonable

opportunity of examining

the goods

Buyer not bound toreturn rejected goods:

If goods are delivered to

the buyer and he refuses to

accept them, he is not


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Lien:

Lien means the right

exercised by one to retain

the possession of

something the property inwhich belongs to someone

else

Stoppage in Transit:

Two ways

By taking actual

possession

By giving notice for the

claim


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Effect of Sub-salepledge by buyer:

The unpaid seller's right

of lien or stoppage in

transit is not affected by

any sale or other

disposition of the goods

The unpaid seller may

require the pledge tohave the amount secured

by the pledge satisfied in

the first instance,


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Sale not generallyrescinded by lien orstoppage in transit:

A contract of sale is not

rescinded by the mereexercise by an unpaid

seller of his right of lien or

stoppage in transit.

The unpaid seller who hasexercised his right of lien

or stoppage in transit gives

notice to the buyer of his

intention to re-sell


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Damage for Non-acceptance:

If the buyer wrongfully neglects or refuses to accept and pay for the

goods, the seller may sue him for damages for non-acceptance.

Damages for Non-delivery:

Where the seller wrongfully neglects or refuses to deliver the goods to

the buyer, the buyer may sue the seller for damages for non-delivery.

Specific Performance:

In any suit for breach of contract to deliver specific or ascertained

goods, the Court may, by its decree direct that the contract shall be

performed specifically, without giving the defendant the option of

retaining the goods on payment of damages.


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In case of a breach of

warranty by the seller, or

where the buyer elects or is

compelled to treat any

breach of a condition on the

part of the seller as a breachof warranty, the buyer is not

by reason only or such

breach of warranty entitled to

reject the goods

The fact that a buyer has set

up a breach of warranty in

diminution or extinction of the

price does not prevent him

from suing for the samebreach of warranty if he has


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Interest by way of damages and specialdamages:

Nothing in this Act shall affect the right of the seller or the buyerto recover interest or special damages in any case where special

damages may be recoverable, or to recover the money paid

where the consideration for the payment of it has failed.

In the absence of a contact to the contract, the Court may awardinterest at such rate as it thinks fit on the amount of the price -

(a) To the seller in a suit by him for the amount of the price -

from the date of the tender of the goods or from the date on

which the price was payable;

(b) To the buyer in a suit by him for the refund of the price in


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Exclusion of Implied Terms and Conditions:If any right, duty or liability would arise under a contract of

sale by implication of law, it may be negative or varied by

express agreement or by the course of dealing between theparties

Reasonable Time a question of fact:Where in this Act any reference is made to a reasonable

time, the question what is a reasonable time is a question of

fact.


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Where goods are put up for salein lots, each lot is prima facie

deemed to be the subject of a

separate contract of sale;

The sale is complete when the

auctioneer announces itscompletion by the fail of the

hammer or in other customary

manner

A right to bid may be reserved

expressly by or on behalf of theseller

The sale may be notified to be

subject to a reserved or upset

price;

If the seller makes use of


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Islam, Mafizul, Principles of Commercial Law, Shams

Publications, Dhaka1963

http://www.vakilno1.com/bangladesh/saleofgoodsact.htm

http://www.vakilno1.com/saarclaw/bangladesh/saleofg

oodsact/saleofgoodsact.htm

http://bdlaws.minlaw.gov.bd/pdf/150__I_.pdfhttp://www.businesslaws.boi.gov.bd/components/thes

aleofgoodsact1930.pdf

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http://www.vakilno1.com/saarclaw/bangladesh/saleofgoodsact/saleofgoodsact.htmhttp://www.vakilno1.com/bangladesh/saleofgoodsact.htmhttp://www.vakilno1.com/bangladesh/saleofgoodsact.htmhttp://www.vakilno1.com/saarclaw/bangladesh/saleofgoodsact/saleofgoodsact.htmhttp://www.vakilno1.com/saarclaw/bangladesh/saleofgoodsact/saleofgoodsact.htmhttp://bdlaws.minlaw.gov.bd/pdf/150__I_.pdfhttp://www.businesslaws.boi.gov.bd/components/thesaleofgoodsact1930.pdfhttp://www.businesslaws.boi.gov.bd/components/thesaleofgoodsact1930.pdfhttp://www.businesslaws.boi.gov.bd/components/thesaleofgoodsact1930.pdfhttp://www.businesslaws.boi.gov.bd/components/thesaleofgoodsact1930.pdfhttp://bdlaws.minlaw.gov.bd/pdf/150__I_.pdfhttp://www.vakilno1.com/saarclaw/bangladesh/saleofgoodsact/saleofgoodsact.htmhttp://www.vakilno1.com/saarclaw/bangladesh/saleofgoodsact/saleofgoodsact.htmhttp://www.vakilno1.com/bangladesh/saleofgoodsact.htmhttp://www.vakilno1.com/bangladesh/saleofgoodsact.htmhttp://www.vakilno1.com/saarclaw/bangladesh/saleofgoodsact/saleofgoodsact.htm


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