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Encyclopedia > Contract of sale

A contract of sale is a legal act that involves an exchange of goods, services or property to be exchanged from seller (or vendor) to buyer (or purchaser) for an agreed upon value in money (or money equivalent) paid or the promise to pay same. It is a specific type of legal contract.


An obvious ancient practice of exchange in many common law jurisdictions it is now governed by statutory law that is designed to make transactions among merchants and consumers straightforward and easy to understand. See commercial law.


Governed by the Uniform Commercial Code in most American and Canadian jurisdictions, however in Quebec it is governed by the Civil Code of Quebec as a nominate contract in the book on the law of obligations.


See also: Bill of sale


  Results from FactBites:
 
contract: Definition, Synonyms and Much More from Answers.com (6389 words)
In the earliest type of enforceable promises, it was the form of the contract (e.g., a sealed instrument) or the ceremony accompanying its execution that marked the essence of the transaction; contracts not sealed or not dignified by ceremonies held a lesser status, and were therefore not always enforceable.
A contract which is implied in law is also called a quasi-contract, is a legal fiction and not in fact a true contract; rather, it is a means for the courts to remedy situations in which one party would be unjustly enriched were he or she not required to compensate the other.
In England and Wales, a contract may be enforced by use of a claim, or in urgent cases by applying for an interim injunction to prevent a breach.
CHAPTER II FORMATION OF THE CONTRACT Contract of Sale (1323 words)
The contract may provide for the immediate delivery of the goods or immediate payment of the price or both, or for the delivery or payment by instalments, or that the delivery or payment or both shall be postponed.
When condition to be treated as warranty,---(1) Where a contract of sale is subject to any condition to be fulfilled by the seller, the buyer may waive the condition or elect to treat the breach of the condition as a breach of warranty and not as a ground for treating the contract as repudiated.
Sale by sample.---(1) A contract of sale is a contract for sale by sample where there is a term in the contract, express or implied, to that effect.
  More results at FactBites »


 
 

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