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Section 80: Sections 76 to 123 [Repealed by the Indian Sale of Goods Act, 1930]

Indian Contract Act • Official Statutory Text & Practice Guide

Statutory Regulation
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Competent Court / Tribunal
Act 1872
Section 79 All 266 Sections of Indian Contract Act Section 81

Legal Commentary & Landmark Judgments: Section 80

Section 80 of the Indian Contract Act, 1872 originally governed the completion of sale of goods not yet in a deliverable state, requiring the seller to do everything necessary to put the goods into a deliverable state and give notice to the buyer before ownership could pass; repealed by Act 3 of 1930 and succeeded by Section 21 of the Sale of Goods Act, 1930.

  • Seller's Duty to Render Goods Deliverable: Applied where specific goods were sold but the seller was bound to do something to them (e.g., repairing, packing, assembling) to put them into a deliverable state.
  • Dual Condition of Action and Notice: Ownership did not pass until the required act was done by the seller and the buyer received notice thereof.
  • Legislative Repeal and Modern Succession (Act 3 of 1930): Repealed by Act 3 of 1930; re-enacted verbatim in substance as Section 21 of the Sale of Goods Act, 1930.
Key Landmark Precedents:
  • Badri Prasad v. State of M.P. (1971) 3 SCC 23: Affirmed that under Section 80 principles (now Section 21 SGA), ownership in standing trees does not pass until the trees are severed and brought into a deliverable state with notice to the buyer.
  • Underwood Ltd. v. Burgh Castle Brick and Cement Syndicate (1922) 1 KB 343: Classic English authority codified in Section 80 and Section 21 SGA: sale of a condensing engine bolted to concrete; seller was bound to detach and dismantle it; held that property did not pass until dismantling was completed.
Courtroom Practice & Strategic Litigation Guidance:

In industrial machinery sales, ensure that the contract clearly demarcates pre-commissioning obligations. Plead Section 21 SGA (succeeding Section 80) to argue that risk of transit damage or destruction remains on the seller until the machinery has been fully assembled, tested, and notice of readiness given to the buyer.

Section 79 All 266 Sections of Indian Contract Act Section 81