SOGA

Section 7:
- Contract for the sale of specific goods is void if:
  - Goods perish or are damaged without seller's knowledge before the sale.
  - Contract is void ab initio (invalid from the outset).
- Based on mutual mistake about an essential matter.
Section 8:
- Agreement becomes void if specific goods perish or are damaged before risk passes to the buyer, without fault of either party.
- Grounded on impossibility of performance.
Applicability:
- Sections 7 and 8 apply only to specific goods; unascertained goods do not relieve the seller of obligation.

Definition: "Let the buyer beware."
- Seller has no duty to disclose defects.
- Buyer must examine goods thoroughly.
Exceptions:
- Fitness for Purpose: If buyer indicates purpose and relies on seller's skill (Section 16(1)).
- Sales under Patent/Trade Name: No implied conditions for fitness (Section 16(1)).
- Merchantable Quality: Implies goods are of merchantable quality unless examined (Section 16(2)).
- Usage of Trade: Implied conditions may arise based on trade practices (Section 16(3)).
- Consent by Fraud: If buyer is misled or defects concealed, caveat emptor does not apply.

Section 17:
- Conditions:
  - Bulk must correspond with the sample in quality.
  - Buyer must have reasonable opportunity to compare goods with the sample.
  - Goods must be free from defects that aren't apparent on reasonable examination (Section 17(2)).

Warranty of Quiet Possession (Section 14(b)): Buyer gets quiet enjoyment of goods.
Warranty of Freedom from Encumbrances (Section 14(c)): Goods should not carry third-party encumbrances.
Using Trade Fitness: Implied fitness for purpose by trade usage (Section 16(3)).
Dangerous Goods Disclosure: Seller must disclose inherent dangers of goods.

Condition: Essential stipulation to contract's main purpose; breach allows repudiation.
Warranty: Collateral to main contract; breach allows for damages but not repudiation.
Breach of Condition Treated as Warranty (Section 13):
- Condition can be treated as warranty if:
  1. Buyer waives condition.
  2. Buyer treats breach of condition as warranty.
  3. Seller fulfilled condition but goods accepted.
  4. Condition impossible to fulfill due to law.

Meaning: No one can transfer better title than they possess.
Exceptions:
- Mercantile Agent Sales: Valid if agent is in possession with owner’s consent (Section 27).
- Joint Owners: One owner can sell with permission (Section 28).
- Voidable Contracts: Buyers get good title if contract not rescinded (Section 29).
- Prior Sale Retained Possession: Previous seller retains title until delivery (Section 30(1)).
- Buyer Obtaining Possession Prematurely: Conditional buyer can transfer title (Section 30(2)).
- Unpaid Seller: Valid title transfer on resale (Section 54(3)).

Right of Lien (Section 47): Unpaid seller retains possession until paid under these conditions:
- Sold without credit stipulation.
- Credit term expired.
- Buyer is insolvent.
Stoppage in Transit (Section 50): Unpaid seller may reclaim goods during transit if buyer becomes insolvent.
Right to Resell (Section 54): Conditions permitting re-sale by unpaid seller.

Acceptance occurs when:
- Buyer intimates acceptance.
- Acts inconsistently with seller's ownership.
- Retains goods past a reasonable time (Section 42).

Section 16(2) applies in case of merchantable quality; if goods are defective, seller liable for damages.

Caveat Emptor Duty of Buyer: Buyer should choose wisely.
Caveat Emptor Duty of Seller: Must provide goods fit for specified purpose if communicated.
Return Rights: Mr. Das entitled to either refund or appropriate wood.