Description
The Sale of Goods Act, 1930, is pivotal for anyone involved in commercial transactions, whether you’re a legal professional, a business owner, or a student of law. It establishes the rules for the sale of goods, outlining the rights and duties of buyers and sellers, and ensuring fair practices in the marketplace.
Course Objectives:
- To provide an in-depth understanding of the Sale of Goods Act, 1930.
- To explain the rights and duties of buyers and sellers in a sale contract.
- To discuss various types of goods and terms implied by law in a sale contract.
- To analyze the remedies available to parties in case of breach of contract.
- To apply theoretical knowledge to practical scenarios through case studies and assignments.
Target Audience:
- Law students
- Legal practitioners
- Business professionals involved in sales and procurement
- Anyone interested in understanding commercial law
Course Outline:
Module 1: Introduction to the Sale of Goods Act, 1930
- Week 1: Overview and Background
- History and evolution of the Sale of Goods Act, 1930
- Importance and relevance in commercial transactions
- Key definitions under the Act (e.g., goods, seller, buyer, price)
- Distinction between a sale and an agreement to sell
- Week 2:Condition & Warranties
- Conditions and warranties: Definition and types
- Implied conditions and warranties in a sale contract
Module 2: Transfer of Ownership and Risk
- Week 3: Passing of Property
- Rules relating to the passing of property from seller to buyer
- Importance of the timing of the transfer of ownership
- Impact of transfer of ownership on risk and liability
- Sale by non-owners: The rule of “Nemo dat quod non habet” and its exceptions
- Week 4: Delivery of Goods
- Meaning and types of delivery
- Rules related to the delivery of goods
- Rights of the buyer and seller concerning delivery
- Acceptance of goods: What constitutes acceptance?
Module 3: Performance of the Contract and Remedies
- Week 5: Duties and Rights of the Buyer and Seller
- Duties of the seller (e.g., delivery, ensuring conformity with contract terms)
- Duties of the buyer (e.g., acceptance, payment)
- Rights of the buyer in case of breach of contract
- Rights of the seller in case of breach of contract
- Week 6: Breach of Contract and Remedies
- Types of breach (e.g., anticipatory, actual)
- Remedies available to the aggrieved party (e.g., damages, specific performance, cancellation)
- Legal consequences of breach of contract
- Case studies illustrating breach of contract and remedies
Module 4: Special Types of Sales and Miscellaneous Provisions
- Week 7: Special Types of Sales
- Auction sales: Legal framework and rules
- Sales by description and sample
- Sale of unascertained and future goods
- Sales involving the transfer of title by a non-owner
- Week 8: Hire Purchase Agreement & Hypothecation Agreement
- Hire Purchase Agreement
- Hypothecation Agreement
- Difference between Hire Purchase Agreement & Hypothecation Agreement
- Drafting of Hire Purchase Agreement
Assessment and Certification:
- Final Examination: At the end of the course, a comprehensive examination will be conducted.
- Certificate of Completion: Participants who successfully complete the course with a passing grade will receive a Certificate of Completion.
Learning Materials:
- Primary Text: The Sale of Goods Act, 1930 (Bare Act)
- Supplementary Readings: Selected case laws, judicial pronouncements, and academic articles
- Multimedia Content: Recorded lectures, case study videos, and discussion forums
Course Outcomes:
By the end of this course, participants will be able to:
- Understand the fundamental principles and provisions of the Sale of Goods Act, 1930.
- Apply legal principles to real-world scenarios involving the sale of goods.
- Analyze the rights and obligations of parties involved in the sale of goods.
- Identify and assess legal remedies available in cases of breach of sale contracts.
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