Sociology | Mercantile Law | International Law | International Relations

Transfer of Property

Sale
In sale of contract, goods are immediately transferred to the buyer.
Agreement to Sell
In this case, goods sold are to be transferred at a certain date in future.

Existence of Goods

Sale
This contract takes place over the existing specific goods.
Agreement to Sell
The goods may exist or may the contract have been made over contingent goods.

Burden to Bear Loss

Sale
In sale contract, if the goods are destroyed, then the buyer who has paid the price will bear the loss.
Agreement to Sell
The seller will bear the loss in case if the goods are deteriorated.

Breach by Seller

Sale
In case the breach of sale contract is observed by seller, the buyer can sue him for damages as well as can follow the goods in the hands of third person.
Agreement to Sell
In this case, if the breach is observed by the seller, buyer can only sue him for damages but not receive the goods as it was still seller’s property.

Insolvency of Seller

Sale
If the seller becomes solvent, the buyer is entitled to recover the goods for which he has paid.
Agreement to Sell
In this case, the buyer who has paid but has not attained the possession of goods yet may claim for the paid money back.

Insolvency of Buyer

Sale
If buyer becomes insolvent without having paid for goods, the seller can claim for recovery of price.
Agreement to Sell
Here, the seller can refuse to deliver the goods to the buyer.

Right to Release

Sale
In this type, seller who has been paid for the goods cannot resale those goods even if they are in his possession.
Agreement to Sell
In agreement to sell, if the seller resells, the buyer can sue him for breach of contract only.