THE SALE OF GOODS ACT 1930
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Agreement to sell at valuation (Section 10): .(1) Where there is an agreement to sell goods on the terms that the price is to be xed by the valuation of third party and such third party cannot or does not make such valuation, the agreements is thereby avoided: Proy ded that, if the goods or any part thereof have been delivered to, and appropriated by, the buyer, he shall pay a re sonable price therefore. 2) Where such third party is prevented from making the luation by the fault of the seller or buyer, the party not in It may maintain a suit for damages against the party in default.
Example: P is having two bikes. He agrees to sell both of the bikes to S at a price to be xed by the Q. He gives delivery of one bike immediately. Q refuses to x the price. As such P ask S to return the bike already delivered while S claims for the delivery of the second bike too. In the given instance buyer S shall pay reasonable price to P for the bike already taken. As regards the Second bike, the contract can be avoided.
Multiple Choice Questions ct for the sale of goods where property would pass to tre buyer on payment of total price would be; (a) sale (b) agreement to sell (c) hire-purchase contract. (d) sale on approval. 2. The term "goods" under Sale of Goods Act, 1930 does not include (a) goodwill. (b) actionable claims. (c) stocks and shares. (d) harvested crops 3 A contract for the sale of "future goods" is ) sale (b) agreement to sell. ) void. (d) hire-purchase contract.
4. The sale of Goods Act, 1930 deals with the (a) movable goods only. (b) immovable goods only (c) both movable and immovable goods. (d) all goods except ornaments. 5. Under Sale of Goods Act, 1930 the terms "Goods" means every kind of movable property and it includes (a) stock and share. (b) growing crops, grass Kc) both (a) and (b). (d) none of the above The Sale of Goods Act, 1930 deals with (a sale (b) mortgage. (cpledge. (d) all of the above
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