What are the consequences of the destruction of specified goods, before making of contract and after the agreement to sell under the Sale of Goods…

CA Foundation · Business Laws · RTP · January 2025
What are the consequences of the destruction of specified goods, before making of contract and after the agreement to sell under the Sale of Goods Act, 1930.

Suggested Answer and Working Notes:

(i) Goods perishing before making of Contract (Section 7 of the Sale of Goods Act,1930): In accordance with the provisions of the Sale of Goods Act,1930 as contained in Section 7, a contract for the sale of specific goods is void, if at the time when the contract was made; the goods without the knowledge of the seller, perished or become so damaged as no longer to answer to their description in the contract, then the contract is void ab initio. (ii) Goods perishing before sale but after agreement to sell (Section 8 of the Sale of Goods Act,1930): Where there is an agreement to sell specific goods, and subsequently the goods without any fault on the part of the seller or buyer perish or become so damaged as no longer to answer to their description in the agreement before the risk passes to the buyer, the agreement is thereby avoided or becomes void.

Topics: The Sale of Goods Act, 1930

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