What Is The Difference Between A Sale And An Agreement To Sell
April 15, 2021 | Leave a comment
If ownership of the goods is transferred from the seller to the buyer, it is immediately called a sale. In the case of Cehave N.V. v Bremer Handelsgesellschaft mbH; the goods destined for Hansa Nord should be delivered to the applicant by the defendant. The product had to be delivered in a certain quality, and a certain quantity was not in that quality. But the product was still sold in a state, but the complainant filed a complaint. Sale If the seller is solvent, the buyer has the right to recover the merchandise he paid for. Agreement to sell In this case, the buyer who has paid but has not yet entered possession of goods can request a refund of the money paid. In the event of an immediate sale, all rights related to the goods to the seller are tacitly receptive to the buyer, whereas this is not the case in the sales contract. In some cases, the sale is also made in accordance with the descriptions, which is why it applies to both the sale and the sale pursuant to Section 15 of the Property Sale Act, 1930. In section 4 (1), the sale is defined as a contract by which the seller transfers the goods at a price to the buyer or commits. That`s what happens in the present. Such a sales event is firm, conditional and binding on both parties.
A sales contract is made by the idea of buying or selling goods at a price and confirming such an offer. But the ownership of the goods, i.e. the ownership of the goods immediately by the seller on the during the seller`s agreement, the seller will pay, since the merchandise has not yet been sold; even if they are in the buyer`s possession at the time of the loss. Thus, the use of the car at his disposal was not part of his consideration, which was the property and legitimate possession of the car, whereas what he received was an illegitimate possession that exposed him to the risk of legal action against the real owner. In the sale, the seller cannot resell the goods; If he does, he can be sued for damages. Whereas in Consent to Sell if the seller resells, he can only be sued for breach of contract. In accordance with paragraph 6, paragraph 1, the sale status largely includes existing goods owned by the seller or owned or owned by the seller. While in the sales agreement, the seller indicates that it is influencing a current supply of future products, it depends entirely on the eventuality of the event that may or may not occur.