Conditions and warranties under sales of goods act,1930
Conditions and Warranties
Condition:Some terms of the contract of sale constitute the hard core of the contract and their non-fulfilment may seem to upset the very basis of the contract. They may be so vital to the contract that their breach may seem to be a breach of the contract as a whole. Such terms are known as conditions of the contract and their breach entitles the innocent party to repudiate the contract.Warranty:A term which is not of such vital importance is known a…
Short note on sale of goods act,1930
Sale of Goods Act 1930
Contract of SaleEssentials of a Contract of Sale:- It is a contract.- Between two parties.- To transfer or agree to transfer.- The property in goods.- For a price, that is, money consideration.
GoodsGoods form the subject of a contract of sale. They mean every kind of movable property other than actionable claims & money, and include stock and shares, growing crops, grass and things attached to or forming part of the land which are agreed to be sever…
Rights and duties of buyer and seller under sale of goods act,1930
Rights and Duties of Buyer and Seller under Sale of Goods Act,1930
Rights of the Buyer:1. To have delivery of the goods as per contract. (Sec. 31 & 32)
2. To reject the goods when they are not of the description, quality or quantity as specified in the contract (Sec 37).3. To repudiate the contract when goods are delivered in installments without any agreement to that effects [ Sec. 38 (1)]4. To be informed by the seller, when the goods are to be sent by sea route, so that…
Goods and its various types under sales of goods act
Goods and its Various TypesUnder sales of goods act
It is defined in the following words, "Goods mean every kind of moveable property other then actionable claims on money and includes stocks, shares, growing crops."Types of Goods:
Following are the important kinds of goods:
1. Existing Goods:
The seller possessing the goods at the time of entering into contract are called existing goods. The goods must be in actual existence. It has two kinds :A) Specific Goods:When…
Implied and express conditions and warranties
Implied and Express Conditions and Warranties
In a contract of sale of goods, conditions and warranties may be express or implied.
1. Express Conditions and Warranties:These are expressly provided in the contract. For example, a buyer desires to buy a SONY TV Model No. 2062. Here, model no. is an express condition. In an advertisement for Khaitan fans, guarantee for 5 years is an express warranty.
2. Implied Conditions and Warranties:These are implied by law in every contr…
Rights and duties of an agent
Rights & Duties of an Agent
Agent:
A person who is employed by the principal in order to represent the business dealings is called an agent.
Types of an Agent:1. Broker2. Commission Agent3. Deceredere Agent4 Co-Agent5. Sub-Agent6. AuctioneerRights of an Agent:Following are the important rights of an agent :1. Right of Remuneration:
It is basic right of an agent that he should receive the remuneration of his services.2. Right of Compensation:
In case of injury caused to agent …
Extent and coverage of consumer protection act
Extent and Coverage of Consumer Protection Act
1. The Act applies to all goods and services unless specifically exempted by the Central Government.
2. It covers all the sectors whether private, public or cooperative.
3. The provisions of the Act are compensatory in nature.
4. The provisions of this Act are in addition to and not in derogation of the provisions of any other law for the time being in force.
5. The Act envisages establishment of Consumer Protection Councils at the C…
Need for consumer protection
Need for Consumer Protection
The Consumer Protection Act, 1986, provides for the better protection of consumers. Unlike existing laws which are punitive or preventive in nature, the provisions of this Act are compensatory in nature. The act is intended to provide simple, speedy and inexpensive redressal to the consumers' grievances, award relief and compensation wherever appropriate to the consumer. The act has been amended in 1993 both to extend its coverage and scope an…
Consumer and their rights
Rights of Consumer
Who is Consumer?All of us are consumers of goods and services. For the purpose of the Consumer Protection Act, the word "Consumer" has been defined separately for "goods" and "services".
A) For the purpose of "goods", a consumer means a person belonging to the following categories:
One who buys or agrees to buy any goods for a consideration which has been paid or promised or partly paid and partly promised or under any…
Types of redressal forums for consumers
Types of Redressal Forums for Consumers
The Act envisages a three- tier quasi-judicial machinery at the National, State and District levels.National Consumer Disputes Redressal Commission:It is known as "National Commission" deals with complaints involving costs and compensation higher than Rs. One Crore.State Consumer Disputes Redressal Commissions: It is known as "State Commission, deals with complaints involving costs and compensation higher than Rs. Twenty …
Unfair trade practices
Unfair Trade Practices
Unfair Trade Practice" the detailed definition is given in the Consumer Protection Act, 1986 as amended by the Consumer Protection (Amendment) Act. 1993. It means a trade practice which, for the purpose of promoting the sale, use or supply of any goods or for the provision of any service, adopts any unfair method or unfair or deceptive practice including any of the following practices, namely:
(a) false or misleading representation,
(b) bargain pric…
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