Question - Distinguish between Sale and Agreement to Sell PDF

Title Question - Distinguish between Sale and Agreement to Sell
Author blank .
Course Law
Institution Cochin University of Science and Technology
Pages 1
File Size 23.4 KB
File Type PDF
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Download Question - Distinguish between Sale and Agreement to Sell PDF


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Distinguish between sale and agreement to sell When the ownership or property is transferred from the seller to the buyer, it is called a sale whereas an agreement to sell is a contract of sale under which the transfer of property is to take place on some specified date in the future, or is subject to some conditions that much be fulfilled before the transfer of ownership, i.e sale, can take place. The following are the differences between the two: 1) A sale is an executed contract whereas an agreement to sell is an executory contract. 2) Since the ownership has passed to the buyer, the seller can sue the buyer for the price of the goods, if the latter makes a default in payment however in an agreement to sell, in case of breach, the seller can only sue for damages, unless the price was payable at a stated date 3) In case of loss of goods, the loss will fall on the buyer, even though the goods are in the possession of the seller. It is because the risk is associated with ownership where as in an agreement to sell, the loss in this case shall be borne by the seller, even though the goods are in the possession of the buyer 4) In case the buyer pays the price and the seller thereafter becomes insolvent, the buyer can claim the goods from the official receiver or assignee as the case may be but in the same case for an agreement to sell, the buyer cannot claim the goods, but only a rateable dividend for the money paid...


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