Sale of Goods Act, 1930

Section 6

Sale by description

⚡ Quick Answer Reference: Section 6 Sale of Goods Act, 1930

Provision: Section 6 of Sale of Goods Act, 1930
Act: Sale of Goods Act, 1930
Classification: commercial
Jurisdiction: India
Summary: When a sale is made by description, the seller promises that the goods will match the description. If the buyer is asked to accept goods in instalments, the seller also promises that each instalment will match the description.

Statutory Content

What does Section 6 of Sale of Goods Act, 1930 say?

Where there is a contract of sale by description, there is an implied warranty that the goods shall correspond with the description; and if the buyer was asked to accept a delivery by instalments, there is an implied warranty that the instalments shall correspond with the description.

Indian StandardSection 6, Sale of Goods Act, 1930

Bluebook (21st ed.)Sale of Goods Act, 1930, § 6 (India)

Court Pleading StandardSection 6 of the Sale of Goods Act, 1930

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Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗

✓ VERIFIED FOR LEGAL ACCURACYReviewed & certified by Advocate Priya Menon (Bar Council ID: MAH/4521/2018).

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Section Meaning & Purpose

What does Section 6 of Sale of Goods Act, 1930 mean?

Plain English Explanation

When a sale is made by description, the seller promises that the goods will match the description. If the buyer is asked to accept goods in instalments, the seller also promises that each instalment will match the description.

Practical Interpretation

This section is crucial in ensuring that buyers receive goods that match their expectations. It applies to all sales made by description, whether it's a single transaction or multiple instalments.

Core Legal Purpose

The core purpose of this section is to protect buyers from receiving goods that do not match their expectations. It ensures that sellers are held accountable for the descriptions they provide.

Key Legal Elements

•There must be a contract of sale by description.
•The goods must correspond with the description.
•If the buyer is asked to accept a delivery by instalments, each instalment must correspond with the description.
•This section does not specify any exceptions or limitations.

Practical Example

Practical Example of Section 6 Sale of Goods Act, 1930

Rajesh bought a car from a dealer who described it as a 'brand new Toyota Camry'. However, when Rajesh received the car, he found that it had a dent on the bumper. Rajesh could claim that the car did not match the description and seek a refund or replacement. Similarly, if the dealer had asked Rajesh to accept the car in instalments, each instalment must have matched the description.

Common Questions (FAQ)

Frequently Asked Questions about Section 6 Sale of Goods Act, 1930

Q: What is the punishment or consequence under Section 6 of Sale of Goods Act, 1930?

This section is a procedural provision and does not prescribe a penal punishment.

Q: Does this section apply to private individuals or public entities?

This section applies to all sales made by description, whether it's a private individual or a public entity.

Q: Is an offence under this section bailable or cognizable?

This section is a procedural provision and does not prescribe a penal punishment, so it is neither bailable nor cognizable.

Common Questions about Section 6 Sale of Goods Act, 1930

What is Section 6 of Sale of Goods Act, 1930?

Section 6 of the Sale of Goods Act, 1930 (Sale of Goods Act, 1930) defines and regulates "Sale by description". In plain terms: When a sale is made by description, the seller promises that the goods will match the description. If the buyer is asked to accept goods in instalments, the seller also promises that each instalment will match the description.

What are the elements of Section 6 of Sale of Goods Act, 1930?

The essential elements of Section 6 of Sale of Goods Act, 1930 are: There must be a contract of sale by description.; The goods must correspond with the description.; If the buyer is asked to accept a delivery by instalments, each instalment must correspond with the description..

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