Difference Between Sale and Agreement to sell
• Sale
• 1) The Property in the goods
• passes to the buyer and along
therewith the risk.
• 2) It is an executed contract.
• 3) The seller can sue the buyer for
the price of the goods because of
the passage of the property therein
to buyer.
• 4) A subsequent loss or destruction
of goods is liability of buyer.
• 5) Breach on the part of the sellers
gives the buyer double remedy; a
suit for damages against the seller
and a proprietary remedy of
recovering the goods from third
parties who bought them
• Agreement To Sale
• 1) Since property in the goods
does not
• pass to buyer, the risk also does
not pass to him.
• 2) It is an executory contract.
• 3) The aggrieved party can sue
for damages only and not for
the price, unless the price was
payable at a stated date.
• 4) Such loss or destruction is the
liability of the seller.
• 5) The seller, being still the
owner of the goods, ma dispose
of them as he likes, and the
buyer’s remedy would be to file
a suit for damages only