The differences between Sale and Agreement to sell are as follows:\nBasis of difference\tSale\tAgreement to sell\nTransfer of property\tThe property in the goods passes to the buyer immediately.\tProperty in the goods passes to the buyer on future date or on fulfilment of some condition.\nNature of contract\tIt is an executed contract. i.e. contract for which consideration has been paid.\tIt is an executory contract. i.e. contract for which consideration is to be paid at a future date.\nRemedies for breach\tThe seller can sue the buyer for the price of the goods because of the passing of the property therein to the buyer.\tThe aggrieved party can sue for damages only and not for the price, unless the price was payable at a stated date.\nLiability of parties\tA subsequent loss or destruction of the goods is the liability of the buyer.\tSuch loss or destruction is the liability of the seller.\nBurden of risk\tRisk of loss is that of buyer since risk follows ownership.\tRisk of loss is that of seller.\nNature of rights\tCreates Jus in rem\tCreates Jus in personam\nRight of resale\tThe seller cannot resell the goods.\tThe seller may sell the goods since ownership is with the seller.\nIn case of insolvency of seller\tThe official assignee will not be able to take over the goods but will recover the price from the buyer.\tThe official assignee will acquire control over the goods but the price will not be recoverable.\nIn case of insolvency of buyer\tThe official assignee will have control over the goods.\tThe official assignee will not have any control over the goods.
Exam Strategy Tip
When answering law questions in the CA Foundation exam, follow the "Provision -> Facts -> Conclusion" structure for maximum marks. Ensure to state the relevant sections where applicable to earn bonus marks from the evaluator.
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