Section 2 of SOGA : Section 2: Definitions
SOGA
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Explanation using Example
Imagine Sarah agrees to buy a new smartphone from TechStore. In this scenario, under the Sale of Goods Act, 1930:
- Sarah is the "buyer" as she has agreed to buy the smartphone.
- The act of TechStore handing over the smartphone to Sarah is "delivery".
- The smartphone is in a "deliverable state" if it's charged, has all accessories, and is ready for Sarah to use as per their agreement.
- If Sarah receives a receipt or an invoice, that could be considered a "document of title to goods" as it proves her control over the smartphone.
- If TechStore sent the wrong model, that would be a "fault" on their part.
- If Sarah ordered a custom-built smartphone, it would be referred to as "future goods" until it's made and ready for sale.
- The smartphone is considered "goods" as it is moveable property that Sarah is buying.
- TechStore would be the "seller" since they agree to sell the smartphone to Sarah.
- The smartphone is "specific goods" because it is identified and agreed upon at the time of the sale.
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