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Tag: Various kinds of goods

Define Goods and its kinds

Definition of “goods”
‘Goods’ is defined as per Section 2 (7) of the ‘Act’ as. “Every kind of movable property other than actionable claims and money; and includes stock and shares, growing crops, grass, and things attached to or forming part of the land which are agreed to be severed before sale or under the contract of sale.”
Definition of “Movable Property”
As per section 3(36) of the General Clauses Act 1897, “movable property” is defined as “property of every description except immovable property.” Section 3(26) of the same Act reads as, “Immovable property shall include land, benefits to arise out of land, and things attached to the earth, or permanently fastened to anything attached to the earth.”
Hence, a conjoint reading of the two sections gives us a clear definition that anything that is attached to the land maybe termed as “movable property”, provided that there is an element of severability involved.

The element of severability is important while deciding on the nature of the property, and this element can be established by ascertaining the nature of the property, intention of the parties and the terms of the contract between them. For instance, timber
falls under the ambit of “goods” as per S.2(7) because timber trees are severed from the land for the purpose of sale and hence they become a commercial
commodity- M/s Mukesh Kumar Aggarwal & Co. V. State of M.P. Perumal v Ramaswami, AIR 1969 Mad.346.- if an oil engine is attached to the earth and it is used as long as it can, and it can be detached and shifted to some other place when it is not used, such an engine is not immovable property.

Difference between the English law and the Indian law
In English law as per Sec. 61(1) of the Sale of Goods Act 1979, “goods” include personal chattels which can be further divided into “choses in possession” and “choses in action”. As per the English law only the former is included in the definition of “goods” whereas the latter which include commodities like shares, debentures, bills of exchange, and other negotiable
instruments are excluded from the definition as they all are actionable claims. On the other hand in India, the definition as elucidated in Sec.2(7) is much wider in scope than the English definition as it includes stocks and shares
as within the scope of “goods”.
The following discussion primarily focuses on the point that whether certain

Goods may be classified into:

1. Existing goods;

2. Future goods

3. Contingent goods

  1. Existing goods: At the time of sales if the goods are physically in existence and are in possession of the seller the goods are called ‘Existing Goods’. The goods that are referred to in the contract of sale are termed as existing goods if they are present (in existence) at the time of the contract. In sec 6 of the Act, the existing goods are those goods which are in the legal possession or are owned by the seller at the time of the formulation of the contract of sale. The existing goods
    are further of the following types:
    a) Specific goods: Goods identified and agreed upon at the time of the making of the contract of sale are called ‘specific goods’ [Sec. 2(14)]. It may be noted that in actual practice the term ‘ascertained goods’ is used in the same sense as
    ‘specific goods,’ These are those goods that are “identified and agreed upon” when the contract of sale is formed.
    For example, you want to sell your mobile phone online. You put an advertisement with its picture and information. A buyer agrees to the sale and a contract is formed. The mobile, in this case, is specific good. For example, where A agrees to sell to B a particular radio bearing a distinctive number, there is a contract of sale of specific or ascertained goods.
    B) Ascertained Goods: This is a type not defined by the law but by the judicial interpretation. This term is used for specific goods which have been selected from a larger set of goods. For example, you have 500 apples. Out of these 500 apples, you decide to sell 200 apples. To sell these 200 apples, you will need to separate them from the 500 (larger set). Thus, you specify 200 apples from a larger group of unspecified apples. These 200 apples are now the ascertained goods. c)Unascertained goods. The goods, which are not separately identified or ascertained at the time of the making of the contract, are known as ‘unascertained goods.’ They are indicated or defined only by description. These are the goods that have not been specifically identified but have rather been left to be selected from a larger group For example, if A agrees to sell to B one bag of sugar out of the lot of one hundred bags lying in his godown; it is a sale of unascertained goods because it is not known which bag is to be delivered. As soon as a particular bag is separated from the lot for delivery, it becomes ascertained or specific goods. For example, from your 500 apples, you decide to sell 200 apples but you don’t specify which ones you want to sell. A seller will have the liberty to choose any 200 apples from the lot. These are thus the unascertained goods. The distinction between ‘specific’ or ‘ascertained’ and ‘unascertained’ goods is important in connection with the rules regarding ‘transfer of property’ from the seller to the buyer.
  1. Future goods: Future goods are goods to be manufactured or produced or yet to be acquired by seller. There cannot be present sale in respect future goods because the property cannot pass. In sec 2(6) of the Act, future goods have been
    defined as the goods that will either be manufactured or produced or acquired by the seller at the time the contract of sale is made. The contract for the sale of future goods will never have the actual sale in it, it will always be an agreement to sell.
    For example, -you have an apple orchard with apples in it. You agree to sell 1000 apples to a buyer after the apples ripe. This is a sale that has to occur in the future but the goods have been identified already and the agreement made. Such goods are known as future goods.
    Example- A agrees to sell to B all the milk that his cow may yield during the coming year. This is a contract for the sale of future goods. X agrees to sell to Y all the mangoes, which will be produced in his garden next year. It is contract of sale of future goods, amounting to ‘an agreement to sell.’
  2. Contingent Goods: Though a type of future goods, these are the goods the acquisition of which by the seller depends upon a contingency, which may or may not happen [Sec. 6 (2)]. Contingent goods are actually a subtype of future goods
    in the sense that in contingent goods the actual sale is to be done in the future. These goods are part of a sale contract that has some contingency clause in it. For example, if you sell your apples from your orchard when the trees are yet to produce apples, the apples are a contingent good. This sale is dependent on the condition that the trees are able to produce apples, which may not happen.