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Wednesday 17 March 2010

Sale and Agreement to Sell

A contract of sale of goods includes both,

  1. Sale
  2. An Agreement to Sell

A contract of sale is defined as " a contract whereby the seller transfer or agrees to transfer the property in the goods to the buyer for a price.

Sale: "Where under a contract of sale, the property in the goods is transferred from the seller to the buyer"

Agreement to Sell: "Where under a construct of sale, the transfer of property in the goods is to take place at a future time or subject to some condition there after to be fulfilled the contract is called an "Agreement to Sale"

An agreement to sell becomes a sale where no time elapses or the conditions are fulfilled subject to which the property in the goods was to be transferred.

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