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Distinguish between sale and agreement to sell. - Commerce

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प्रश्न

Distinguish between sale and agreement to sell.

अंतर स्पष्ट करें

उत्तर

Basis for Comparison Sale Agreement to Sell
1. Ownership The property (ownership or title) in the goods passes from the seller to the buyer immediately. The property (ownership or title) in the goods has to pass at a future time or after the fulfillment of certain conditions.
2. Risk of Loss Where the goods sold under the contract of sale are destroyed, the loss falls fully on the buyer as the owner has already passed. Where the goods under the agreement to sell are destroyed, the loss falls fully on the seller as the ownership is still vested with the seller.
3. Consequences of violating the contract Where the buyer fails to pay the price, the seller cannot seize the goods. Where the buyer violates the contract, the seller can repossess the goods from the former.
4. Nature of contract It is an executed contract. It is an executory contract, i.e., a contract yet to be performed.
5. Insolvency of the Buyer In a sale, if a buyer becomes insolvent before he pays for the goods even though the goods sold are under the possession of the seller, the latter has to return them to the Official Activate Receiver. If the buyer becomes insolvent before the payment of the price, the seller can retain the goods if they are under his possession.
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Difference Between Sale and Agreement to Sell
  क्या इस प्रश्न या उत्तर में कोई त्रुटि है?
अध्याय 21: The Sale of Goods Act, 1930 - Exercise [पृष्ठ १८६]

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सामाचीर कलवी Commerce [English] Class 12 TN Board
अध्याय 21 The Sale of Goods Act, 1930
Exercise | Q IV. 2. | पृष्ठ १८६
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