Introduction Sale of Good for Beginner

44 eBook PSP | Term Relating to Sale of Goods Contract

Car and Universal Finance Co Ltd v Caldwell [1965] 1 QB
525

Caldwell, the owner of a Jaguar car, was persuaded to sell
and deliver a car to a rouge, who give Caldwell a car of a
much lower value and a cheque which Caldwell later found
to be worthless. Caldwell reported to the police and asked
the Automobile Association to recover his car. They found

that the car had passed through several hands and
eventually was acquired by the Car and Universal Finance

Co. ltd.
The court held that even though the Car and Universal
Finance Co. ltd purchased the car in the good faith without
notice of the real situation, since Caldwell had acted
speedily in rescinding the contract with A, the rouge,

Caldwell was still entitled to the car.

E. Sale of goods in seller’s possession

Section 30(1) provides the rule pertaining sell
of goods in seller’s possession after sale. If a
seller having sold goods, continues or is in
possession of the goods or of the documents
of title to the goods, the delivery or transfer by
that person or by a mercantile agent acting for
him, of the goods or documents of title under
any sale, pledge or other disposition thereof
to any person receiving the same in good faith
and without notice of the previous sale shall
have the same effect as if the person making the delivery or transfer were expressly
authorized by the owner of the goods to make the same.

eBook PSP | Introduction Sale of Goods for Beginner 45

The provision means, the seller sold the goods to a first buyer. However, the goods
continue in the seller’s possession. Then, the seller again sold the same goods to the
second buyer (or his agent). The second buyer bought the goods in good faith without
notice of the first sale. The second buyer will obtain a good title to the goods. It is assumed
that the owner authorized it.

For example, Haikal sold his car to Beng and it is not delivered to him because Beng was
not in town. Then, Haikal sells the same car to Seng because he was offering a better price.
In this case, a good title would pass to Seng as he purchased goods from Haikal and was
unaware of the prior sale.

In this situation, the seller sold the goods without the authorisation of the first buyer, the
first buyer even though he lost the title, can take legal action against the seller who would
be liable to him.

46 eBook PSP | Term Relating to Sale of Goods Contract

Pacific Motor Auctions PTY LTD v Motor Credits (Hire
Finance) Ltd [1965] 112 CLR 192

A car dealer entered into a display agreement with motor
credits. Under the agreement, a car bought by the dealer
was sold to the finance company for 90 % of the purchase

price. The car dealer retained possession for display
purposes. When the dealer got into financial difficulty, the

finance company cancelled it agreement with him. The
same day as its authority was withdrawn, the dealer sold all
his stocks to Pacific Motor Auctions. Pacific Motor auctions

were unaware of the withdrawal of the car dealer’s
authority and the car dealer signed a declaration stating
that all of his stocks were unencumbered and it was a sole

property.

Issue: whether the finance company can successfully sue
pacific motor auctions for the return of the cars

Held: pacific motor auctions had title to the car as had
bought them in good faith and without notice of the sale
from a seller who had continued in possession of the goods

after the sale.

eBook PSP | Introduction Sale of Goods for Beginner 47

F. Sale of goods in buyer’s possession

Section 30 (2) provides that, where a person, having bought or agreed to buy goods,
obtains, with the consent of the seller, possession of the goods or the documents of title
to the goods, the delivery or transfer by that person or by a mercantile agent acting for him
of the goods or documents of title under any sale, pledge, or other disposition thereof to
any person receiving the same in good faith and without notice of any lien or other right of
the original seller in respect of the goods shall have effect as if such lien or right did not
exist.

This means, in a situation a buyer has bought or agreed to buy goods, gets the possession
of goods or the document of title with the seller’s consent, the buyer may pass a good title
to the second buyer provided he acted in good faith, even if under the first transaction he
has not obtained a good title.

There are four conditions apply which is:
a. Buyer bought or agree to buy the goods
b. The goods are in the buyer’s possession with the seller’s consent
c. The same goods sold by the buyer/his agent to a 3rd party/ a new buyer
d. The 3rd buyer/new buyer bought them in good faith.

48 eBook PSP | Term Relating to Sale of Goods Contract

Newtons of Wembley v Williams [1965] 1 QB 560

The plaintiff (Newtons of Wembley) sold a car to Andrew
who paid by cheque. Although he was given possession, it

was agreed that the property would not pass until the
cheque was honoured. The cheque was dishonoured but
Andrew had resold the car to Biss who bought it without
knowledge of the position. Biss resold it to the defendant.

The plaintiff tried to recover the car from him.

The court held that Andrew the original buyer, was in
possession with the consent of the owner. Hence, he could

pass a good title to Biss, who in turn transferred it to the
defendant. The defendant was therefore entitled to keep

the car.

Conclusion

If the buyer wants a better title of the goods bought from the seller, the seller must have a
legal title to the goods. This is because no one give who possesses not (nemo dat quad
non habet). If it is a sale by a person who is not the owner the buyer has no title to the
goods possessed.

eBook PSP | Introduction Sale of Goods for Beginner 49

Exercise 4

Answer the question below.

Question 1
Wan Ali bought a car, Toyota Vios from Pha Nuk and has been using it for several months.
Wan Ali later discovered that Pha Nuk did not have legal rights to the car. The car is still
the property of Mak Leha. Wan Ali had to give the car to Mak Leha and claim the money
that has been paid. Pha Nuk refused to hand the money to Wan Ali.

a. Identify an issue(s) that arises in the above situation.
b. Explain the relevant provision of the Sale of Goods Act 1957.
c. Explain ONE (1) relevant case to support your answer.
d. Write a conclusion on the above issue.

Question 2
Section 27 of the SOGA1957 provide the Nemo Dat Quad Non Habet rule, which means
“no one gives a better title than he, himself”. This means that if goods are bought from a
person who is not the owner, and who does not sell them under the owner’s authority, the
buyer does not acquire any title. However, this rule is subject to some exceptions. Briefly
explain FOUR (4) exceptions to the Nemo Dat Quad Non Habet rule.

50 eBook PSP | Term Relating to Sale of Goods Contract

05

PROTECTIONS TO
SELLERS AND
BUYERS

This chapter discusses the performance of contract and types of breach of the sale
of goods contract by sellers or buyer in the sale of goods agreements as well as
protection available for them according to the Sale of Goods Act 1957.

eBook PSP | Introduction Sale of Goods for Beginner 51

Introduction

At the end of the topic students are able to:
a. Identify the performance of a contract
b. Interpret types of breach of sale of goods contract by the sellers
c. Interpret types of breach of sale of goods contract by the buyer
d. Describe remedies available for the seller
e. Describe remedies available for the buyer
The sale of goods agreement may be discharged if the contracting parties performed their
obligation arising in the agreement. If one of the contracting parties defaulted, the
innocent parties have the right to claim legal remedies according to the law.

Performance of contract

Performance of the contract involved the delivery of the goods by the seller and the
acceptance by the buyer. Section 31, SOGA 1957 states, it is the duty of the seller to

52 eBook PSP | Term Relating to Sale of Goods Contract

deliver the goods and of the buyer to accept and pay for them in accordance with the terms
of the contract of sale.

A. Delivery

It is the seller’s duty to deliver the goods to the buyer unless there is an agreement
between the contracting parties regarding the performance of the contract. Section 32,
SOGA 1957 said, unless otherwise agreed, delivery of the goods and payment of the price
are concurrent conditions, that is to say, the seller shall be ready and willing to give
possession of the goods to the buyer in exchange for the price, and the buyer shall be
ready and willing to pay the price in exchange for possession of the goods.

‘Delivery’ according to Section 2, SOGA 1957 is a process of voluntary transfer of
possession from one person to another i.e., from the seller to the buyer. The delivery
sometime may or may not involve physical transfers. For example, a seller hands over the
goods purchased to a buyer in the usual manner, also known as physical delivery, or in the
sale of the motorcycle where the seller may be given the key to the buyer and tell him to
take the motorcycle at a certain place, also known as constructive manner. Whereas, the
goods are said to be in a “deliverable state” when they are in such a state that the buyer
would under the contract be bound to take delivery of them.

Delivery also may be made according to the manner agreed by all parties to the contract
as stated in Section 33, SOGA 1957.
Delivery of goods sold may be made by doing anything which the parties agree shall be
treated as delivery or which has the effect of putting the goods in the possession of the
buyer or of any person authorized to hold them on his behalf – Section 33, SOGA 1957.

If the seller negligently neglects or refuses to deliver the goods according to the contract,
the buyer has the right to sue the seller for damages for non-delivery according to section
57, SOGA 1957. Apart from any express contract, the seller of goods is not bound to deliver
them until the buyer applies for delivery – Section 35, SOGA 1957.

Normally delivery is made at the place where the sale or the contract was made or based
on the manner agreed by the contracting parties according to Section 36(1), SOGA 1957.

eBook PSP | Introduction Sale of Goods for Beginner 53

If the goods are at a different place, the said goods must be delivered to the place where
they are at the time of the agreement to sell. If the goods don’t exist yet, the goods must
be delivered to the place which they are manufactured or produced.
“Whether it is for the buyer to take possession of the goods or for the seller to send them
to the buyer is a question depending in each case on the contract, express or implied,
between the parties. Apart from any such contract, goods sold are to be delivered at the
place at which they are at the time of the sale, and goods agreed to be sold are to be
delivered at the place at which they are at the time of the agreement to sell, or, if not then
in existence, at the place at which they are manufactured or produced” - Section 36(1),
SOGA 1957

If the goods are in the possession of a third party the delivery takes place if the goods are
in a deliverable state and a third party acknowledges to the buyer that he holds the goods
on his behalf. Section 33(3), SOGA 1957 (3) states, where the goods at the time of sale
are in the possession of a third person, there is no delivery by seller to buyer unless and
until such third person acknowledges to the buyer that he holds the goods on his behalf.

As regards to time of delivery of the goods, if the time is not determined, the seller is bound
to deliver it within a reasonable time. A reasonable time is a question of fact. It is
depending on the types of goods and customs of usage i.e. the market practices. For
example, delivery of perishable goods, time can be quite immediate, such as delivery on
the same day or by the next hour compared to non-perishable goods such as television.

Section 36 (2), SOGA 1957 provides, where under the contract of sale the seller is bound
to send the goods to the buyer, but no time for sending them is fixed, the seller is bound
to send them within a reasonable time. Section 36 (4), SOGA 1957 also states demand or
tender of delivery may be treated as ineffectual unless made at a reasonable hour. What
is a reasonable hour is a question of fact.

As regards the expenses of and incidental to putting the goods into a deliverable state,
they shall be borne by the seller unless otherwise agreed (Section 36(5), SOGA 1957).
Section 37 discussed the delivery of the wrong quantity by the seller.

54 eBook PSP | Term Relating to Sale of Goods Contract

a. Where the seller delivers to the buyer a quantity of goods less than he contracted to
sell, the buyer may reject them, but if the buyer accepts the goods so delivered he shall
pay for them at the contract rate.

b. Where the seller delivers to the buyer a quantity of goods larger than he contracted to
sell, the buyer may accept the goods included in the contract and reject the rest, or he
may reject the whole. If the buyer accepts the whole of the goods so delivered he shall
pay for them at the contract rate.

c. Where the seller delivers to the buyer the goods he contracted to sell mixed with goods
of a different description not included in the contract, the buyer may accept the goods
which are in accordance with the contract and reject the rest or may reject the whole.

d. This section is subject to any usage of trade, special agreement, or course of dealing
between the parties.

Goods must be delivered at one and at the same time as the sale or agreement to sale
unless otherwise agreed. Thus, the buyer is not bound to accept delivery by instalment
except both agreed expressly or impliedly by the language of the contract for delivery by
instalment. According to section 38, SOGA 1957 states,
a. Unless otherwise agreed the buyer of goods is not bound to accept delivery thereof by

instalments.
b. Where there is a contract for the sale of goods to be delivered by stated instalments

which are to be separately paid for, and the seller makes no delivery or defective
delivery in respect of one or more instalments, or the buyer neglects or refuses to take
delivery of or pay for one or more instalments, it is a question in each case depending
on the terms of the contract and the circumstances of the case, whether the breach of
contract is a repudiation of the whole contract, or whether it is a severable breach
giving rise to a claim for compensation but not to a right to treat the whole contract as
repudiated.

For example, if Mell agrees to buy 20 sets of pencil case from Lokman, he has to deliver
all 20 sets of pencil cases at once. However, if both parties agreed that the pencil case
will be delivered in two times instalment of 10 sets of pencil cases, then, Mell is bound to
accept the delivery according to specified instalments.

eBook PSP | Introduction Sale of Goods for Beginner 55

B. Acceptance

Since the seller has to deliver the goods, thus the buyer is obliged to accept the goods and
paid for them (Section 31, SOGA 1957). An acceptance in the contract of sale refers to the
performance of the contract and the transfer of ownership of the goods. Section 41, SOGA
1957, gives a right to the buyer, to examine the goods before making an acceptance of
the goods delivered. The seller, cannot interface with the buyer’s right of examining the
goods and must give a reasonable opportunity to the buyer.
a. Where goods are delivered to the buyer that he has not previously examined, he is not

deemed to have accepted them unless and until he has had a reasonable opportunity
of examining them for the purpose of ascertaining whether they are in conformity with
the contract.
b. Unless otherwise agreed, when the seller tender’s delivery of goods to the buyer, he is
bound, on request, to afford the buyer a reasonable opportunity of examining the goods
for the purpose of ascertaining whether they are in conformity with the contract

Section 41, SOGA 1957
There are 3 methods for the buyer make an acceptance, which is:
a. When the buyer intimates to the seller of his acceptance. For example, the buyer

expressly tells the seller he accepts the delivery;
b. When the goods have been delivered to the buyer, and the buyer does any act which is

inconsistence with the ownership of the seller. For example, the buyer gives the goods
to someone else;
c. By the lapse of the time (if time for return/reject the goods is stipulated in the contract)
or laps of reasonable time (no time to return the goods to the seller stated), the buyer
retains the goods without intimating the seller of his reaction. For example, the buyer
retains the seller’s goods for more than six months without informing the seller of his
rejection.

The buyer is deemed to have accepted the goods when he intimates to the seller that he
has accepted them, or when the goods have been delivered to him and he does any act in
relation to them which is inconsistent with the ownership of the seller, or when, after the
lapse of a reasonable time, he retains the goods without intimating to the seller that he
has rejected them

Section 42, SOGA 1957

56 eBook PSP | Term Relating to Sale of Goods Contract

Types of breach of sale of goods contract by seller and buyer

a. Breach of sale of goods contract by the seller
1. Failure of the seller to deliver the goods.
2. The seller defaulted on the terms of the contract.

b. Breach of sale of goods contract by the buyer
1. Failure of the buyer to take delivery of the goods.
2. Failure of the buyer to accept the goods.
3. Failure of the buyer to pay for the goods.

Remedies for breach of contract

A. Remedies for seller
If a buyer fails to pay the purchase price to the seller, the seller knowns as ‘unpaid seller’.
Section 45, SOGA 1957 defined unpaid seller as:
1. The seller of goods is deemed to be an “unpaid seller” within the meaning of this Act—

a. when the whole of the price has not been paid or tendered;
b. when a bill of exchange or other negotiable instrument has been received as

conditional payment, and the condition on which it was received has not been
fulfilled by reason of the dishonour of the instrument or otherwise.

eBook PSP | Introduction Sale of Goods for Beginner 57

2. In this Chapter, the term “seller” includes any person who is in the position of a seller,
as, for instance, an agent of the seller to whom the bill of lading has been endorsed,
or a consignor or agent who has himself paid, or is directly responsible for, the price.
Section 45, SOGA 1957

The unpaid seller has the rights to:
1. Subject to this Act and of any law for the time being in force, notwithstanding that the

property in the goods may have passed to the buyer, the unpaid seller of goods, as
such, has, by implication of law—
a. a lien on the goods for the price while he is in possession of them;
b. in case of the insolvency of the buyer a right of stopping the goods in transit after

he has parted with the possession of them;
c. a right of resale as limited by this Act.
2. Where the property in goods has not passed to the buyer, the unpaid seller has, in
addition to his other remedies, a right of withholding delivery similar to and co-
extensive with his rights of lien and stoppage in transit where the property has passed
to the buyer.

Section 46, SOGA 1957

a. Seller’s lien
Lien is a right to the seller to retain possession of the goods until the payment is made by
the buyer according to Section 47, SOGA 1957.
1. Subject to this Act, the unpaid seller of goods who is in possession of them is entitled

to retain possession of them until payment or tender of the price in the following cases,
namely:
a. where the goods have been sold without any stipulation as to credit;
b. where the goods have been sold on credit, but the term of credit has expired;
c. where the buyer becomes insolvent.
2. The seller may exercise his right of lien notwithstanding that he is in possession of the
goods as agent or bailee for the buyer.

Section 47, SOGA 1957

The unpaid seller also has may exercise his right of lien on the remainder part delivery of
the goods as well unless such part delivery has been made under such circumstances as

58 eBook PSP | Term Relating to Sale of Goods Contract

to show an agreement to waive the lien - Section 48, SOGA 1957. However, the seller loses
the lien right if:
1. The unpaid seller of goods loses his lien thereon—

a. when he delivers the goods to a carrier or other bailee for the purpose of
transmission to the buyer without reserving the right of disposal of the goods;

b. when the buyer or his agent lawfully obtains possession of the goods;
c. by waiver thereof.
2. The unpaid seller of goods, having a lien thereon, does not lose his lien by reason only
that he has obtained a decree for the price of the goods.

Section 49, SOGA 1957

b. Right of stoppage in transit
Subject to this Act when the buyer of goods becomes insolvent the unpaid seller who has
parted with the possession of the goods has the right of stopping them in transit, that is to
say, he may resume possession of the goods as long as they are in the course of transit,
and may retain them until payment or tender of the price.

Section 50, SOGA 1957

Stoppage in transit can be done according to Section 52, SOGA 1957.
1. The unpaid seller may exercise his right of stoppage in transit either by taking actual

possession of the goods or by giving notice of his claim to the carrier or other bailee in
whose possession the goods are. Such notice may be given either to the person in
actual possession of the goods or to his principal. In the latter case the notice, to be
effectual, shall be given at a such time and in such circumstances that the principal,
by the exercise of reasonable diligence, may communicate it to his servant or agent in
time to prevent a delivery to the buyer.
2. When notice of stoppage in transit is given by the seller to the carrier or other bailee in
possession of the goods, he shall redeliver the goods to or according to the directions
of the seller. The expenses of such redelivery shall be borne by the seller.

Section 52, SOGA 1957

eBook PSP | Introduction Sale of Goods for Beginner 59

c. Resale
Section 54, SOGA 1957 states that a resale may be made by the seller if:

a. The goods are of perishable nature
b. The seller gives notice to the buyer of his intention to resell and the buyer does not

within a reasonable time pay or tender the price, and
c. The seller expressly reserves a right of resale if the buyer defaults.

Apart from the above remedies, the seller also may claim remedies for breach of the
contract to the buyer.
1. Sue for the unpaid price

a. Where under a contract of sale the property in the goods has passed to the buyer
and the buyer wrongfully neglects or refuses to pay for the goods according to the
terms of the contract, the seller may sue him for the price of the goods.

b. Where under a contract of sale the price is payable on a day certain irrespective of
delivery and the buyer wrongfully neglects or refuses to pay such price, the seller
may sue him for the price although the property in the goods has not passed and
the goods have not been appropriated to the contract.
Section 55, SOGA 1957

2. Sue for damages
Where the buyer wrongfully neglects or refuses to accept and pay for the goods the
seller may sue him for damages for non-acceptance.
Section 56, SOGA 1957

Lien? Sue for an
Stop in transit? unpaid price?

Resale? Sue for
damages?

60 eBook PSP | Term Relating to Sale of Goods Contract

B. Remedies for buyers

A buyer is protected under the law as well and entitled to sue the seller if the seller
breached the contract.

1. Damages for non-delivery
Where the seller wrongfully neglects or refuses to deliver the goods to the buyer, the
buyer may sue the seller for damages for non-delivery.
Section 57, SOGA 1957

2. Specific performance
Subject to Chapter II of the Specific Relief Act 1950 [Act 137], in any suit for breach of
contract to deliver specific or ascertained goods, the court may, if it thinks fit, on the
application of the plaintiff, by its decree direct that the contract shall be performed
specifically, without giving the defendant the option of retaining the goods on payment
of damages. The decree may be unconditional, or upon such terms and conditions as
to damages, payment of the price, or otherwise, as the court may deem just, and the
application of the plaintiff may be made at any time before the decree.
Section 58, SOGA 1957

C. Remedy for breach of condition or warranty

1. Where there is a breach of warranty by the seller, or where the buyer elects or is
compelled to treat any breach of a condition on the part of the seller as a breach of
warranty, the buyer is not by reason only of such breach of a warranty entitled to reject
the goods; but he may—
a. set up against the seller the breach of warranty in diminution or extinction of the
price; or
b. sue the seller for damages for breach of warranty.

2. The fact that a buyer has set up a breach of warranty in diminution of the price does
not prevent him from suing for the same breach of warranty if he has suffered further
damage.
Section 59, SOGA 1957

eBook PSP | Introduction Sale of Goods for Beginner 61

D. Remedy action in tort.

Action in tort for wrongful interference with the goods if the goods have passed to the buyer
or if the seller negligently sells the goods to the third-party unmerchantable goods (goods
unfit for human consumption) although the property in goods has passed to the buyer.

Sue for Terminate the
damages? contract?

Sue for Claim
specific damages
performance? /warranty?

Action in tort?

Conclusion

Both the contracting parties’ own duties in the performance of the contract. If any one of
them defaulted, the injured party has the right to claim remedies toward each other.
However, if the injured party is not part of the contracting parties, he just has the right to
claim under tort action as discussed in the previous topic.

62 eBook PSP | Term Relating to Sale of Goods Contract

Exercise 5

Question 1
What are the duties of a seller and a buyer in the performance of a contract of sale?
Support your answer with relevant sections.

Question 2
Summary the whole topic regarding the sale of goods. In your own words, make a
creative mind map as your reference.

eBook PSP | Introduction Sale of Goods for Beginner 63

Online Video

Sources: Malaysian Business Law. (2021, Aug 17). Part 1 Sale of Goods Law [Video].
Website. https://youtu.be/QFstpK4ID5I

YouTube: Part 1 Sale of Goods Law [Video]

Sources: Malaysian Business Law. (2021, Aug 17). Part 2 Sale of Goods Law [Video].
Website. https://youtu.be/ve8aIa3Yx4o

YouTube: Part 2 Sale of Goods Law [Video]

64 eBook PSP | Term Relating to Sale of Goods Contract

Additional reading

1. Consumer Protection and the Malaysian Sale of Goods Act 1957.
Sources: Sakina Shaik Ahmad Yusoff, Rahmah Ismail, Ruzian Markom & Zeti Zuryani
Mohd Zakuan (2015). Consumer Protection and the Malaysian Sale of Goods Act
1957. International Business Management, 9, 452-459.
Downloaded Article: https://tinyurl.com/mry8k2yv

2. E-Consumer Protection in Delivery of Goods: A Malaysian Perspective.
Sources: Roshazlizawati Mohd Nor & Naemah Amin (2016). E-Consumer Protection in
Delivery of Goods: A Malaysian Perspective. Journal of Education and Social Sciences,
3, 38-44.
Downloaded Article: https://tinyurl.com/4yn5cre9

3. Sale of Goods Act 1957
Click: https://tinyurl.com/3s2fmc7k

eBook PSP | Introduction Sale of Goods for Beginner 65

References

Aiman Nariman Mohd Sulaiman. Zuhairah Ariff Abd Ghadas & Mushera Ambaras Khan
(2011). Corporations and Partnership in Malaysia. The Netherlands: Kluwer Law
International BV.

Lee M. P. and Ivan J. D. (2013). Commercial Law. 2nd Edition. Oxford Fajar Sdn. Bhd.

Lee M. P. and Ivan J. D. (2017). Commercial Law. 3rd Edition. Oxford Fajar Sdn. Bhd.

Lee M. P. and Ivan J. D. (2018). Business Law. 3rd Edition. Oxford University Press.

Malaysian Business Law. (2021, Aug 17). Part 1 Sale of Goods Law [Video]. Website.
https://youtu.be/QFstpK4ID5I

Malaysian Business Law. (2021, Aug 17). Part 2 Sale of Goods Law [Video]. Website.
https://youtu.be/ve8aIa3Yx4o

Roshazlizawati Mohd Nor & Naemah Amin (2016). E-Consumer Protection in Delivery of
Goods: A Malaysian Perspective. Journal of Education and Social Sciences, 3, 38-
44.

Sakina Shaik Ahmad Yusoff, Rahmah Ismail, Ruzian Markom & Zeti Zuryani Mohd Zakuan
(2015). Consumer Protection and the Malaysian Sale of Goods Act 1957.
International Business Management, 9, 452-459.
https://medwelljournals.com/abstract/?doi=ibm.2015.452.459

Contract Act 1950.

Sale of Goods Act 1957.