Section 22 of The Sale of Goods Act, 1930
Where there is a contract for the sale of specific goods in a deliverable state, but the seller is bound to weigh, measure, test or do some other act or thing with reference to the goods for the purpose of ascertaining the price, the property does not pass until such act or thing is done and the buyer has notice thereof.
Summary
- This provision applies when items are ready for delivery but the final price is still unknown.
- It covers specific goods that are already in a deliverable state.
- The seller must be required to weigh, measure, test, or perform some other act to find the price.
- Ownership does not pass to the buyer until the weighing or testing is completed.
- Ownership also requires that the buyer be given notice that the price-finding act has been done.
Practical examples
FAQ
1. Does ownership pass if the price isn't known under Section 22 of the Sale of Goods Act, 1930?
No, if the seller must weigh or test the goods to find the price, Section 22 of the Sale of Goods Act, 1930, says ownership stays with the seller until that is done and notice is given.
2. What acts are specifically mentioned in Section 22 of the Sale of Goods Act, 1930?
Section 22 of the Sale of Goods Act, 1930, specifically mentions weighing, measuring, testing, or doing any other act to ascertain the price.
Test yourself
Q1.Under Section 22 of the Sale of Goods Act, 1930, what is the status of the goods before the seller weighs or measures them?
Q2.When does property pass to the buyer under Section 22 of the Sale of Goods Act, 1930?
Q3.How does Section 22 differ from Section 20 of the Sale of Goods Act, 1930?
Q4.What is the purpose of the "act or thing" the seller must do under Section 22 of the 1930 Sales Act?