Distinguish between Sale and agreement to sell.

Basis of Distinction Sale Agreement to Sell Transfer of Property In a sale, the property in the goods sold passes to the buyer at the time of contract so that he becomes the owner of the goods. In an agreement to sell, the ownership does not pass to the buyer at the time of the contract, but it passes only when it becomes sale on the expiry of certain time or the fulfilment of some conditions subject to which the property in the goods is to be transferred. Nature of Contract A sale is an executed contract. An agreement to sell is an executory contract. Conveyance A sale is a contract plus conveyance. An agreement to sell is a contract pure and simple. Risk of Loss If there is a sale, the loss falls on the buyer, even though the goods are with the seller. If there is an agreement to sell and the goods are destroyed by accident, the loss falls on the seller. Remedy for Breach If there has been a sale, and the seller commits a breach by refusing to deliver the goods, the buyer has not only a personal remedy against him but also the other remedies which an owner has in respect of goods such as a suit for conversion or detenue, etc. If there is an agreement to sell and the seller commits a breach, the buyer has only a personal remedy against the seller, namely, a claim for damages.