Friday, February 7, 2014

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diff between sale and agreement to sell

Distinction between ‘sale’ and agreement to sell:
Following are the main points of distinction.
(I) Transfer of property:
In contract of sale property is transferred from sellor to buyer.
In an agreement to sell only promise is to made to transfer the property.
(II) Risk:
In contract of sale risk is transferred by buyer.
In an agreement to sell risk remains with the owner.
(III) Types of goods:
In contract of sale there can be only existing and specific goods.
An agreement to sell is relate to future and contingent goods.
(IV) Consequences of breach:
If buyer commits default the seller may sue him for the price in contract of sale.
In an agreement to sell, the buyer can only sue for the damages.
(V) Nature of contract:
Contract of sale is an executed contract.
An agreement to sell is an executor contract.
(VI) Right of resale:
In contract of sale, seller cannot resell except in certain cases.
In an agreement to sell, the seller can resale to the new buyer.
(VII) Nature of performance:
A contract of sale is a contract which is being performed.
An agreement to sell is a contract which is to be performed.
(VIII) Insolvency of buyer:
In contract of sale, if buyer becomes insolvent seller can use his right of line or stoppage.
In an agreement to sell, seller can refuse to deliver the goods.
(IX) Insolvency of seller:
In a contract of sale buyer is entitled to recover the goods from official receiver. So he has no risk.
In an agreement to sell a buyer can only claim dividend.

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