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Question 75 of 415

An agreement to sell is distinguishable from sale because in the former, the transfer of goods is

  • A. not anticipated
  • B. not discussed
  • C. deferred
  • D. immediate

Correct Answer: C

Explanation
Correct Option: C. Deferred Explanation of the Correct Answer An "agreement to sell" and a "sale" are two distinct concepts in commercial law, particularly in the context of the sale of goods. Understanding the difference between these two terms is crucial for anyone studying commerce or preparing for professional exams in this field.
  1. Definition of Terms:
  2. Agreement to Sell: This is a contract where the seller agrees to transfer ownership of goods to the buyer at a future date or upon the fulfillment of certain conditions. The transfer of goods is not immediate; it is planned for a later time.
  3. Sale: In contrast, a sale is a completed transaction where the ownership of goods is transferred from the seller to the buyer immediately. The buyer takes possession of the goods right away.
  4. Why "Deferred" is the Correct Answer:
  5. The key aspect of an "agreement to sell" is that the transfer of goods is deferred. This means that while there is an intention to sell, the actual transfer of ownership will occur at a later date. For example, if a seller agrees to sell a car to a buyer but the transfer will only happen in a month after the buyer pays the full price, this is an agreement to sell.
  6. The term "deferred" captures the essence of the agreement: it indicates that the transaction is not yet complete and that the transfer of goods is contingent upon future events.
Why the Other Options are Incorrect
  • A. Not Anticipated: This option suggests that the transfer of goods is not expected at all, which is misleading. In an agreement to sell, the transfer is indeed anticipated, but it is scheduled for a future date. Therefore, this option does not accurately reflect the nature of an agreement to sell.
  • B. Not Discussed: This option implies that the terms of the transfer are not part of the agreement, which is incorrect. In an agreement to sell, the terms, including when the transfer will occur, are typically discussed and agreed upon. Thus, this option does not capture the essence of the agreement.
  • D. Immediate: This option directly contradicts the definition of an agreement to sell. If the transfer of goods were immediate, it would not be an agreement to sell but rather a sale. Therefore, this option is fundamentally incorrect.
Summary of Key Points
  • An "agreement to sell" involves a future transfer of goods, while a "sale" involves an immediate transfer.
  • The correct term to describe the nature of the transfer in an agreement to sell is "deferred."
  • Understanding the distinction between these terms is essential for grasping the principles of commercial law.
Revision Summary
  • An "agreement to sell" defers the transfer of goods to a future date.
  • A "sale" involves an immediate transfer of ownership.
  • The correct answer to the question is C. Deferred, as it accurately describes the nature of the agreement.
  • Recognizing the differences between these terms is crucial for success in commerce-related exams.
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