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Exercises · Q1

Q.Define a Contract of Sale under the Sale of Goods Act, 1930. State its essential elements.

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✓ Free question

Section 4 of the Sale of Goods Act, 1930 defines a contract of sale of goods as a contract whereby the seller transfers, or agrees to transfer, the property in goods to the buyer for a price.

Essential elements:

  1. Two parties — a seller and a buyer, who must be different persons.
  2. Goods — the subject matter of the contract must be goods as defined under the Act.
  3. Price — the consideration must be money; goods exchanged only for other goods is barter, and a transfer without any consideration is a gift, neither of which is a sale.
  4. Transfer of property — the object of the contract must be the passing of ownership in the goods, not merely possession.
  5. General contract essentials — since a contract of sale is still a contract, it must additionally satisfy all essentials of a valid contract under general contract law, such as free consent and competent parties.
✓Final answer

A contract of sale (Section 4) is a contract where the seller transfers, or agrees to transfer, property in goods to the buyer for a price; its essential elements are two parties, goods, a money price, transfer (or agreement to transfer) of property, and the general essentials of a valid contract.

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