Effect of Strategic Management on Organization Performance

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1. other things like delivery of goods etc. Transfer of title-Sections 27-30 Sale by mercantile agent Sale by one of the joint owners Sale by a person in possession under a voidable contract 2 Dr Subhash Gupta 2. Sales of Goods Act Sale by one who has already sold the goods but continues in position thereof Sale by buyer opting possession before the property in the goods vested in him Sale by an unpaid seller Sale under the provisions of other Acts Transfer ownership and delivery of goods Passing of property-Sections 18-26 Essentials of appropriation Reservation of right to disposal-Section 25 Passing of risk-Section 26 Exceptions to the doctrine of “Caveat Emptor” Sale and agreement to sell (points of distinction) (i) Nature of Contract (ii) Transfer of ownership of property (iii) Types of goods or nature of property transferred (iv) General and particular property (v) Consequences of breach (vi) Risk of loss (vii) Seller’s right of reselling the goods (viii) Seller’s insolvency (ix) Buyer’s insolvency Sale and Hire-purchase Agreement • Nature of contract and ownership • Termination of a contract • Implied conditions and warranties • Payment in installments 3 Dr Subhash Gupta 3. Sales of Goods Act • Insolvency of the buyer and risk of loss • A sale is subject to the imposition of sales tax at the time of a contract of sale while sales tax is not leviable on a hire purchase until it is finally converted into a sale. Sale and bailment Sale and barter exchange Difference between a condition and a warranty (a)Purpose (b)Difference as to breach (c)Difference as to treatment (d)Essence of the contract of sale (e)Damages Express & Implied conditions in a contract of sale (Sections 14-17) a. Condition as to title [Section 14(a)] b. Condition as to sale by description [Sec.15] c. Condition as to sale by description as well as by sample d. Condition as to sale by sample [Section 17] e. Condition as to quality or fitness [Sec. 16(1)] f. Condition as to merchantability [Section 16(2)] g. Condition as to wholesomeness h. Condition implied by custom [Section 16(3)] 4 Dr Subhash Gupta 4. Sales of Goods Act Implied Warranties in a Contract of Sale (1)Implied warranty of quiet possession [Section 14(b)] (2)Implied warranty of freedom from encumbrance [Section 14(c)] (3)Implied warranty as to quality or fitness by usage of trade [Section 16(3)] (4)Implied warranty to disclose dangerous nature of goods Delivery of goods (a) Actual delivery (b) Symbolic delivery (c) Constructive delivery or delivery by allotment Rules regarding delivery of goods (a) Mode of delivery [Section 33] (b) Delivery of goods and payment of price are concurrent conditions [Section 32] (c) Effect of part delivery of goods [Section 34] (d) Buyer to apply for delivery [Section 35] (e) Place of delivery of goods (f) Risk of delivery [Section 40] (g) Time of delivery [Section 36(2) and (4)] (h) Goods in possession of a third person or party [Section 36(3) (i) Cost of delivery of goods [Section 36(5)] (j) Delivery of wrong quantity [Section 37] (k) Installment deliveries of goods [Section 38] (l) Delivery to carrier or wharfinger [Section 39] 5 Dr Subhash Gupta 5. Sales of Goods Act (m) When an acceptance is complete on delivery of goods [Section 42] (n) Buyer not bound to return rejected goods [Sec. 43] (o) Liability of buyer for neglecting or refusing delivery of goods [Section 44] Rights of unpaid Seller and remedial measures: The conditions mentioned below must be fulfilled before a seller can be deemed to be an unpaid seller: (a)He must have sold goods against cash and the price must be due. (b)He must be unpaid either wholly or partly. (c)He must have an immediate right or action for the price. (d)He must have not refused payment when tendered. (e)A bill of exchange or any other negotiable instrument was received but dishonored. Rights of an unpaid seller and remedial measures: Under the Sale of Goods Act, the unpaid seller gets certain rights,...
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