Ans.Sale:
1) Property
in goods or title of goods is transferred immediately to the buyer.
2) By
the very nature, It always refers to the existing and specific goods.
3) If price
is not paid, the seller can re-sale, stop the goods in transit.
4) Relates
to present sale of present goods.
5) Buyer
becomes owner and the risk is associated with the owner.
6) If
the buyer has paid the price and the seller becomes insolvent thereafter, the
buyer can claim the goods from the official receiver.
7) If
the ownership of goods is transferred to the buyer before paying the price, and
the buyer becomes insolvent, the seller has to deliver the goods to the
official receiver.
Agreement to sale:
1) Property
in goods or title of goods is to be transferred to buyer at a future date after
fulfilling some conditions.
2) It
refers to existing as well as future goods.
3) If
price is not paid, the seller has sole option of filing a suit for damages,
because the possession of goods is already with the buyer.
4) Relates
to present or future sale of present or future goods.
5) Ownership
is with the seller, the risk is associated with the seller even if the goods
are in possession of buyer.
6) In
such cases, the buyer cannot claim the goods but can only claim relief related
to money paid by him.
7) In
such case, the seller can refuse to deliver the goods to the official receiver.
