Friday, 19 March 2010
Pledge , Pledgor, Pledgee
Wednesday, 17 March 2010
Sale and Agreement to Sell
A contract of sale of goods includes both,
- Sale
- 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.
Principal and Agent
Agents is a person employed to do an act for another or to represent another in dealing with third parties".
The Person for whom such act is done or who is so represented is called "Principal"
Any one who is of the age of majority, according to the law to which he is subject, and who is of a sound mind may employ an agent, where minor appoints an agent the latter is personally liable.
Any person may be an agent, because it is the principle who is bound by agent's acts. It is for the principal to see his interest and to appoint those person as agent who have contractual capacity.
Offer And Acceptance
A Proposal means an offer. Person making the offer is called Offerer.
Person to whom the offer is made is called offeree.
Acceptance: "When the person to whom the proposal is made signifies his assent thereto, the proposal is said ti be accepted". A proposal when accepted becomes a promise."