Types of Goods[Section 6]
- Existing Goods
Existing goods mean the goods which are either owned or possessed by the seller at the time of contract of sale.The existing goods may be specific or ascertained or unascertained as follows:
a) Specific Goods[Section 2(14)]:
These are the goods which are identified and agreed upon at the time when a contract of sale is made-For example,specified TV,VCR,Car,Ring.
b) Ascertained Goods:
Goods are said to be ascertained when out of a mass of unascertained goods,the quantity extracted for is identified and set aside for a given contract.Thus,when part of the goods lying in bulk are identified and earmarked for sale,such goods are termed as ascertained goods.
c) Unsanctioned Goods:
These are the goods which are not identified and agreed upon at the time when a contract of sale is made e.g. goods in stock or lying in lots.
2. Future Goods[Section 2(6)]
Future goods mean goods to be manufactured or produced or acquired by the seller after the making of the contract of sale.There can be an agreement to sell only.There can be no sale in respect of future goods because one cannot sell what he does not possess.
3. Contingent Goods [Section 6(2)]
These are the goods the acquisition of which by the seller depends upon a contingency which may or may not happen.
Price Of Goods
Price means the money consideration for a sale of goods.
Modes of determining Price [Section 9(1)]
There are three modes of determining the price as under:
- It may be fixed by the contract or
- It may be left to be fixed in an agreed manner
- It may be determined by the course of dealing between the parties.
Thus,the price need not necessarily be fixed at the time of sale.
Consequences of not determining the Price in any of the Mode [Section 9(2)]
Where the price is not determined in accordance with Section 9(1),the buyer must pay seller a reasonable price.What is a reasonable price is a question of fact dependent on the circumstances of each particular case.It may be noted that a reasonable price need not be market price.
Consequence of not Fixing Price by third party[Section 10(1)]
The agreement to sell goods becomes void if the following two conditions are fulfilled.
- If such agreement provided that the price is to be fixed by the valuation of a third party,
- If such third party cannot or does not make such valuation.
Duty of buyer
A buyer who has received and appropriated the goods,must pay a reasonable price therefor.
Right of party not at fault to sue
Where such a third party is prevented from making the valuation by fault of the seller or buyer,the party not at fault may maintain a suit for damages against the party in fault.