Md. Iqbal Hussain (3-04-06-046) Muhammad Safaet Morshed Bhuyan (3-11-20-010) Md.

Fizer Rashid (3-11-20-018) Sefat-E-Zahan Rokeya (3-11-20-028) Abida Afrin (3-11-20-036) Samsul Islam (3-11-20-039) Mohammad Abu Bakar Siddique Khan (3-11-20-057)

 The Sale of Goods in Bangladesh is regulated by the Sale of Goods Act, 1930
This Act was came into being on 15th March, 1930 Came into force on 1st July of 1930

The unrepealed provisions of the Contract Act, 1872 was continued to apply to contracts for the Sale of Goods before this Act
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A transfer of property in the goods from the seller to the buyer

A transfer or an agreement to transfer property in goods

Goods means movable and never immovable property

The consideration for a sale of goods is always a price in terms of money

Sale and Agreement to Sell

When the property is transferred from the seller to the buyer is called Sale. And when it is to be transferred in future is called Agreement to Sale Bailment is not a transference of ownership, but it is a transference of Possession

Sale and Bailment

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Goods

Goods are basically every kind of movable property other than actionable claims and money

Ascertained & Unascertained Goods

Ascertained goods are goods that are so specific Unascertained goods are unspecific goods which identity is unclear

In case of contract for the sale of ascertained goods, the property in the goods passes to the Passing of buyer as soon as the contract is made
Property
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 Ascertainment Price:

of

The price may be fixed by the contract or may be left to be fixed in manner thereby agreed or may be determined by the course of dealing between the parties. Agreement to sell at valuation: Where there is an agreement to sell goods on the terms that the price is88 to be fixed by the valuation

 A condition is a stipulation essential to the main purpose of the contract, the breach of which gives rise to a right to treat the contact as repudiated

Conditions

A warranty is a stipulation collateral to the main purpose of the contract, the breach of which gives rise to claim for damages but not to a right to reject the goods

Warranty

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 Buyer shall have quiet possession and enjoyment of goods Goods shall be free from any charge in favor of any third party

Expressed Conditions are inserted by the parties into the contract

Implied Warranty

Expressed Conditions
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 Goods must ascertained:

be

In case of a contract for the sale of unascertained goods, no property in the goods is transferred to the buyer unless and until the goods are ascertained. Specific goods in a deliverable state: Where there is an unconditional contract for the sale of specific goods in a deliverable state, the 11 property in the goods 11

 Sale of unascertained goods and appropriation:

A contract for the sale of unascertained or future goods by description in a deliverable state are unconditionally appropriated to the contract
In pursuance of the contract, the seller delivers the goods to the buyer or to a carrier to other bailee for 12 12 the purpose of

 Goods sent on approval or on sale or return: Goods are delivered to the buyer on approval or "on sale or return" of other similar terms, the property therein passes to the buyer.

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Estoppel Sale by Mercantile Agent

Buying from people who is not the real owner but still has the valid title

Is an agent having in the customary course of business as such agent authority to sell goods One of the several joint owners of goods is in the sole possession of them with the consent of the other owners
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Sale by one of the Joint Owners

Sale by person obtaining goods under voidable contracts

A person obtained goods under voidable contract can sell goods

Sale by a person If after selling the goods the seller remains in possession in possession of goods after they were sold

Sale by buyer in possession in spite of sellers lien

If a person after obtaining possession of goods under a contract of sale transfers to a third party
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 Delivery:
Delivery of goods sold may be made by doing anything which the parties agree shall be treated as delivery Installment Deliveries: In a contract for the sale of goods to be delivered by stated installments which are to be separately paid for and the seller makes no delivery or defective delivery in 16 respect of one or more 16

 Delivery to carrier or wharfinger:

The seller is authorized or required to send the goods to the buyer, delivery of the goods to a carrier
Unless otherwise authorized by the buyer, the seller shall make such contract with the carrier or wharfinger on behalf of the buyer Where goods are sent by the seller to the buyer by a route involving sea transit, the 17 17 seller sends notice to the

 Apply to Delivery: In case of delivery of goods, buyer should apply to the seller to send or deliver the goods to him Acceptance: The buyer is deemed to have accepted the goods when he intimates to the seller, that he has accepted them, or when the goods have been delivered to him 18 18

 Liability of buyer for neglecting or refusing delivery of goods: When the buyer does not within a reasonable time take delivery of the goods, he is liable to the seller for any loss occasioned by his negligence or refusal

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 Buyer's right of examining the goods. When the seller tenders delivery of goods to the buyer, he is bound to afford the buyer a reasonable opportunity of examining the goods

Buyer not bound to return rejected goods:

If goods are delivered to the buyer and he refuses to accept them, he is not

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 Lien: Lien means the right exercised by one to retain the possession of something the property in which belongs to someone else Stoppage in Transit: Two ways
By possession claim taking actual

By giving notice for the

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 Effect of Sub-sale pledge by buyer: The unpaid seller's right of lien or stoppage in transit is not affected by any sale or other disposition of the goods The unpaid seller may require the pledge to have the amount secured by the pledge satisfied in the first instance,
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 Sale not generally rescinded by lien or stoppage in transit:

A contract of sale is not rescinded by the mere exercise by an unpaid seller of his right of lien or stoppage in transit.
The unpaid seller who has exercised his right of lien or stoppage in transit gives notice to the buyer of his intention to re-sell 23 23

 Damage for Non-acceptance: If the buyer wrongfully neglects or refuses to accept and pay for the goods, the seller may sue him for damages for non-acceptance. Damages for Non-delivery: Where the seller wrongfully neglects or refuses to deliver the goods to the buyer, the buyer may sue the seller for damages for non-delivery. Specific Performance: In any suit for breach of contract to deliver specific or ascertained goods, the Court may, by its decree direct that the contract shall be performed specifically, without giving the defendant the option of retaining the goods on payment of damages.
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 In case of a breach of warranty by the seller, or where the buyer elects or is compelled to treat any breach of a condition on the part of the seller as a breach of warranty, the buyer is not by reason only or such breach of warranty entitled to reject the goods
The fact that a buyer has set up a breach of warranty in diminution or extinction of the price does not prevent him from suing for the same 25 25 breach of warranty if he has

 Interest by way of damages and special damages:

Nothing in this Act shall affect the right of the seller or the buyer to recover interest or special damages in any case where special damages may be recoverable, or to recover the money paid where the consideration for the payment of it has failed. In the absence of a contact to the contract, the Court may award interest at such rate as it thinks fit on the amount of the price (a) To the seller in a suit by him for the amount of the price from the date of the tender of the goods or from the date on which the price was payable; 26 (b) To the buyer in a suit by him for the refund of the price in

 Exclusion of Implied Terms and Conditions:

If any right, duty or liability would arise under a contract of sale by implication of law, it may be negative or varied by express agreement or by the course of dealing between the parties

Reasonable Time a question of fact:

Where in this Act any reference is made to a reasonable time, the question what is a reasonable time is a question of fact.

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 Where goods are put up for sale in lots, each lot is prima facie deemed to be the subject of a separate contract of sale; The sale is complete when the auctioneer announces its completion by the fail of the hammer or in other customary manner A right to bid may be reserved expressly by or on behalf of the seller The sale may be notified to be subject to a reserved or upset price;

If the seller makes use of

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 Islam, Mafizul, Principles of Commercial Law, Shams Publications, Dhaka 1963 http://www.vakilno1.com/bangladesh/saleofgoodsact. htm http://www.vakilno1.com/saarclaw/bangladesh/saleofg oodsact/saleofgoodsact.htm http://bdlaws.minlaw.gov.bd/pdf/150__I_.pdf http://www.businesslaws.boi.gov.bd/components/thes aleofgoodsact1930.pdf
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