c) Distinguish between a contract for the sale of goods and an agreement to sell. (6 marks)

  • A contract for the sale of goods is where the seller transfers or agrees to transfer the property in goods to the buyer for a consideration. Here, the property in goods passes immediately upon the conclusion of the contract.
  • An agreement to sell is a situation where the parties agree that the property in the goods would be transferred to the buyer at a later date, subject to some condition that has to be fulfilled.
  • An agreement to sell becomes a sale upon the fulfillment of the condition subject to which property in the goods is to be transferred.

(3 points at 2 marks each = 6 marks)