Slide 1
Sale of Goods Act1. Contract of SaleA contract of sale of goods,
like any other contract, results by an offer by one party and its
acceptance by the other. It is a contract whereby the seller
transfers or agrees to transfer the property in goods to the buyer
for a price.
2. Essentials of a contract of saleIt is a contractBetween two
partiesTo transfer or agree to transfer the propertyIn goodsFor a
price, that is money consideration
3. Sale & Agreement to Sell A comparison
4. Document of Title to goods
5. Conditions & WarrantiesConditionA condition is a
stipulation essential to the main purpose of the contract, the
breach of which gives rise to a right to treat the contract as
repudiated.
A condition forms very basis of a contract of sale, the breach
of which causes irreparable damage to the buyer, and he has a right
to terminate the contract of sale entitling him to return the goods
and get the refund of the price paid.
WarrantyA warranty is a stipulation collateral to the main
purpose of the contract, the breach of which gives rise to claim
for damages but not the right to reject the goods.
The consequence of its breach is milder. In case of its breach,
the buyer cannot terminate the contract; however, he can claim
damages for the loss suffered by him resulting from such
breach.
6. Implied ConditionsCondition as to title Condition in a sale
of description Conditions in sale by sample Condition as to fitness
or quality Condition as to merchantability Condition as to
wholesomeness
7. Implied WarrantiesWarranty as to quiet possession Warranty as
to non-existence of encumbrances Warranty as to disclosure of
dangerous nature of the goods to the innocent buyer Warranties
implied by custom
8. Doctrine of Caveat EmptorCaveat Emptor means let the buyer
beware. This doctrine says that when a buyer purchases a product,
he himself is responsible to see whether he is buying a right thing
suited to his purpose or not. If he makes a bad bargain, he cannot
hold seller responsible for this
9. Exceptions to the doctrine of caveat emptor When the seller
makes a misrepresentation of fact regarding the product, and the
buyer relies upon it and buys the product, the rule of caveat
emptor does not apply.
Where seller actively conceals a defect in the goods which could
not be revealed by ordinary examination, the rule of caveat emptor
does not apply. The buyer has a right to rescind such a contract
and claim damages.
Where goods are supplied by description and they do not
correspond with description, the rule of caveat emptor does not
apply.
Where the buyer relies upon skill and judgment of the seller and
makes his purpose of buying the product known to him and goods turn
out to be unfit for his use, the rule of caveat emptor would not
apply.
Consumer Protection Law
Basic Scheme of the Act
2. Objects of CPA- Better protection of consumers- Settlement of
consumer disputes- Establishment of consumer councils- To pave the
way for simple, easy & quick remedy to consumers
Consumer Protection Law
Rights of consumers
- to be protected against marketing of goods which are hazardous
to life and property- to be informed about quality, quantity,
potency, standard, price so as to protect against UTP- to be
assured of access to variety of goods & services at competitive
prices- to be heard that consumers interest will receive due
consideration- to seek redressal against UTP / RTP- right to
consumer education
Consumer Protection Law
4. Contract of Service & Contract for Service
Supreme Court Conclusions on Medical Profession
6. Consumer Protection Council- Central Consumer Protection
Council- State Consumer Protection Council
Consumer Protection Law
7. Remedial Machinery under the Act-District Forum-State
Commission-National Commission
8. Powers of Redressal Agencies- summoning & enforcing
attendances of any defendant / witness- production of documents as
evidence through affidavit- any other matter as may be
prescribed
Consumer Protection Law
9. Nature & Scope of Remedies under the Act- to remove the
defects from goods in question- to replace the goods with new
goods- to return the price or charges paid- to pay the compensation
awarded- to remove the deficiencies in services- to discontinue UTP
/ RTP- to provide adequate costs to parties
10. Appeals
Consumer Protection Law
11. Cases under CPA
- M.N. Narasimha Reddy Vs MD, Maruti Udyog Ltd.- Harjot
Ahluwalia Vs Spring Meadows Hospital- Union of India Vs Sunil Kumar
Goyal- Airpack Couriers (India) Pvt Ltd Vs S. Suresh
Consumer Protection LawConsumer Protection Law
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