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Contract of work and materials

Contract of work and materials involves substantial exercise of skill and labour and if any goods are supplied along with the same then it is incidental and subsidiary to such a contract. On the other hand a contract of sale only contemplates delivery and transfer of property in the goods. In cases like the repair of a car where the repairer supply parts along with supplying the necessary labour are examples of contracts of work and labour.



A Promise to paint house of B for a sum of ₹ 50,000. The paint brush, colour and other equipments to be supplied by A. the contract is one of work and materials and not of sale of goods.

The providing of material and colour is ancillary to the whole contract and would not make the contract a contract of sale.

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