Law relating to sale of goods

Further interpretive provisions 4 1 A contract of sale of goods is a contract whereby the seller transfers, or agrees to transfer, the property in goods to the buyer for a money consideration, called the "price", and there may be a contract of sale between one part owner and another. Laws governing capacity to buy and sell 5 1 In this Section, "necessaries" means goods suitable to the condition in life of such infant or minor or other person, and to his actual requirements at the time of the sale and delivery. Specific goods perished at time of contract 9 Where there is a contract for the sale of specific goods, and the goods without the knowledge of the seller have perished at the time when the contract is made, the contract is void.

Law relating to sale of goods

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The goal of product liability laws is to help protect consumers from dangerous or defective products, while holding manufacturers, distributors, and retailers responsible for putting into the market place products that they knew or should have known were dangerous or defective.

The legislation, in respect of product liability in India, though was enacted to protect the interest of consumers but the same was, earlier, construed narrowly, thereby frustrating the object sought to be achieved.

The trend, however, has changed in the recent times with the Courts adopting a pro-consumer approach. The Courts, in India, have now started awarding compensation and damages which are more punitive than compensatory in nature.

In Wheels World vs. A sum of Rs. Further interest, at the same rate for the same period, was also awarded on an amount of Rs. The product liability law, in India, apart from the civil liability, also imposes criminal liability in case of non-compliance with the provisions of each of the below mentioned Acts.

The said Acts are in addition to and not in derogation of any other laws in force, which implies that an action imposing penal liability can be simultaneously initiated along with a claim under civil law. Some of these are special Acts pertaining to sale of specific goods such as food, drugs, cosmetics etc.

The provisions of these enactments are preventive in formthough the relief envisaged is an action for breach in civil or criminal court. The Food Safety and Standards Act, is the most recent legislation which comprehensively deals with food and safety standards which are to be complied with by manufacturers and producers, non-compliance of which imposes a liability, upon defaulters, of fine, extending upto Rs.

The provisions of Indian Penal Code IPCon the other hand, in respect of product liability, are attracted when the element of cheating and fraud can be attributed to such defects.

For example, in the case of Smt. Subsequent thereto, the said officers of the opposite party were released on bail and were directed to replace the disputed car with a new car.

Provisions of IPC are also attracted to provide punishment to offenders for false weights and measuresadulteration of goods food, drugs etc -6 months imprisonment, fine of rupees or bothand false property marks one year imprisonment, fine or both.

The period of limitation as per Section of the Criminal Procedure Code is 6 months if offence is punishable with fine onlyand one year if offence is punishable with upto one year imprisonment and three years if offence is punishable with imprisonment of above one year and upto three years.

The provisions of the Standards of Weights and Measures Act, are attracted in case of any false packaging, weight or measure which does not conform to the standards established by or under the said Act and breaches the mandatory declaratory requirements on a package.

If any mandatory declaration is found missing on the package a fine of upto rupees shall be levied as per Rule 39 of the Standards of weights and measures packaged commodity rules.

The Drugs and Cosmetic Act, also provides for criminal liability for manufacturers and producers of medicinal products or cosmetics etc, which do not adhere to the prescribed standards.An Act for Codifying the Law Relating to the Sale of Goods.

Short title. 1 This Act may be cited as the Sale of Goods Act.R.S., c. , s. 1. INTERPRETATION. Interpretation.

Law relating to sale of goods

2 In this Act, (a) "action" includes counterclaim and set-off;. The Sale of Goods Act, Preamble 3 of (15th March, ) An Act to define and amend the law relating to the sale of goods. WHEREAS it is expedient to define and amend the law relating to the sale of goods, it is hereby.

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(1) In this Article unless the context otherwise requires "contract" and "agreement" are limited to those relating to the present or future sale of goods. "Contract for sale" includes both a present sale of goods and a contract to sell goods at a future time. Part 6. Offences Relating to property and contracts.

Division 1. Stealing and Like offences. Chapter Stealing. Every inanimate thing whatever which is the property of any person, and which is movable, is capable of being stolen. User Agreement Introduction. Redbubble is about celebrating creativity. We encourage you to be involved in every aspect of Redbubble - display art, give feedback, write reviews, participate in forums, team up with other members to collaborate on projects, and talk to each other.

The Sale of Goods Act, is a law relating to sale of goods. It deals with the rights and liabilities of buyers towards sellers and vice versa.

United Nations Convention on Contracts for the International Sale of Goods - Wikipedia