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Please explain specific ascertained and unascertained goods with same example in different cases
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X has ten horses. He promises to sell one of them but does not specify which horse he will sell. It is a contract of sale of unascertained goods In the same case, if buyer pointed out that he wants specifically this type, this breed. It is contract for specific ascertained goods
Ascertained Goods: This is a type not defined by the law but by the judicial interpretation. This term is used for specific goods which have been selected from a larger set of goods. For example, you have 500 apples. Out of these 500 apples, you decide to sell 200 apples. To sell these 200 apples, you will need to separate them from the 500 (larger set). Thus you specify 200 apples from a larger group of unspecified apples. These 200 apples are now the ascertained goods. Unascertained Goods: These are the goods that have not been specifically identified but have rather been left to be selected from a larger group. For example, from your 500 apples, you decide to sell 200 apples but you donâ??t specify which ones you want to sell. A seller will have the liberty to choose any 200 apples from the lot. These are thus the unascertained goods.
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Anitha V KCan you please explain with one example of specific and ascertained goods Im clear with unascertained goods now
Specific goods are those goods which are identified and agreed upon at the time a contract of sale is made. The keyword here is â??atâ??. Ascertained goods are those goods which are identified in accordance with the agreement after the contract of sale is made. The keyword here is â??after". To understand ascertained goods, you need to know the meaning of unascertained goods first. Unascertained goods are those goods which are not specifically identified or ascertained at the time of making of the contract. Let's say, you went to a shop and demanded 5kgs of wheat. Now the seller has quite a bulk quantity of wheat in his shop (This bulk is regared as unascertained goods). When from this bulk, 5kgs are identified in accordance with the agreement after the contract of sale(contract of sale includes both sale and agreement to sale) is made, it becomes ascertained goods. One more point of difference is that: Specific goods are specifically identified, i.e. It's the only thing which the buyer intends to buy. In other words, it has no replacement. For example: Oneplus 6, Kohinoor diamond, Paintings by famous artists etc. Ascertained goods are goods separated from the bulk after the contract of sale is made. For example: You go to a vegetable market and demand 2kgs of tomatoes. When the seller appropriates 2kgs of tomatoes in accordance with the agreement, they become ascertained. If you find some defects in it, you can replace it. In common parlance, however, Ascertained and specific goods are used in the same sense.
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