'
Introduction to the law of Purchase 4 Sale
contract of sale : specific ,
nominated . recipricol agreement buy / sell
2
↳ seller has intention 2 deliver determined determinable obj .
buyer has intention 2 determined / determinable amt
pay
to .
↳ essential Iq 5 reqsof contract .
Intention of seller 2 { 2
i. sell
buyer buy .
2.
Agreement on
object sold
Agreement monetary
3. on
purchase price exchange .
Contract of Lease 6 ownership transfer 2 lessee
Temporary
:
pay
×
,
( sale term bound )
periodically .
is not
contract of Exchange
: 1-
obj exchanged 4 another contract of sale =
exchange
of amt 4 obj Ownership transfers
monetary
various objs .
. on
delivery of
to seller × hv 2 be owner ,
but hv 2 transfer all
rights Cuse ,
enjoyment , disposal ) .
contract of sale if ownership transferred
be Diff of contract
✗
type
✗ →
may
↳ . .
↳ Mere conclusion of contract of sale ✗ result in transfer of ownership .
•
need intention 2 transfer ownership .
4
delivery mustpayment
•
•
seller be owner .
↳ Intention 2
buy/sell .
6 disposal
of of undisturbed
enjoyment
2
↳ Intention parties deliver
rights use ,
2
buyer .
to
Object sold
description 2 null G void
consensus
vague
• > = .
•
determined determinable @ ① of conclusion .
•
moveable / immovable material immaterial
; .
merchantable > can sell
commercially
•
.
& restraint of 29h w/ bus as valid
can sell
goodwill trade
thing sold
•
.
↳ Diff obj sold :
•
Future things objs :
>
only determinable @ ① of conch of contract in terms of certain specifications occurrence of
certain event . If met event occurs thing becomes determined .
Emptio future
rei seperatae thing sold be det by weighing counting in 5 sells next
> =
can .
@ Rao / bag harvested 4
seasons crop 2 B =
determinable det once , weighed bagged .
chance ) fixed / det
"
>
Emptio spei :
aleatory sale
"
( buying a , obj sold =
.
as soon as contract
concluded .
5 sells nxt season's whole crop 2 B for lump SUM of RIOO 000
of whether materialise Mil
regardless crop × If harvest RI still get RIOO 000 ect
.
> .
Generic sale obj indicated general ( part of genus ) & only individualised later
> -
in .
Det
after individualisatin > ect if hv 100 lambs & sell 20 which 20 ?