SALE AND AGREEMENT TO SALE

Sale: section 4 (3) defines ‘sale ‘ in following words, where under a contract of sale, the property (ownership ) in the goods is transferred from seller to the buyer, it is called a sale. A sale is an agreement or contracts wherein there is a transfer of ownership from one person to another. 

Agreement to sale: agreement to sale is when A and B agree to come in contract to transact over a good but the goods do not pass on to the buyer at that particular point of time but it passes on in the mere future.

Sale

 Agreement to sale

A sale is an executed contract

 The agreement is an executory contract

In case of sale ownership of goods will get immediately transferred to the buyer

 In agreement to sell ownership does not pass immediately it will transfer in future

Goods immediately pass to the buyer

 Goods are passed on in future .seller promises to sell and the buyer promises to purchase in future.

Violation of any condition contract can not be repudiated only he can claims compensation

 .Breach of any condition by the seller then the buyer can repudiate and reject the contract

In a sale, the ownership passes to the buyer so he can receive the goods even from the third person

 In an agreement to sell ownership remains with the seller so the seller can dispose of his property any way he likes

In a sale, goods are always specific and ascertained

 Goods may not be specific and ascertained

In a sale, the buyer gets right against the whole world

 Right in personam

In a sale, if the goods are destroyed after the sale is completed, the buyer has to suffer the loss

 .In an agreement to sell if the goods are destroyed seller suffers the loss