NOTES


CA-Foundation > Business Laws > The Sale of Goods Act, 1930 - Delivery of Goods (Old & New)

Unless otherwise agreed, the goods are not to be delivered in installment. Comment.



Ans.

Installment deliveries [Sec. 38]

Unless otherwise agreed, the goods are not to be delivered by installments. There might be an agreement for delivery by installments but the price may be payable either on complete delivery or on delivery of each installment. There will be a breach of such contract in the following cases:

(a) If the seller makes no delivery or makes defective delivery, in respect of one or more installments; or

(b) If the buyer neglects or refuses to take delivery of or pay for, one or more installments.

In each of the above breach, it will depend upon the terms of the contract and the circumstances of each individual case whether i) the whole contract is repudiated, or ii) it is a severable (separable) breach giving rise to a claim for compensation but not to right to treat the whole contract as repudiated [Sec. 38(2)].


PreviousNext


Notes of The Sale of Goods Act, 1930 - Delivery of Goods (Old & New)



  1. What will be the consequences when goods are sold by a person not the Owner and without Owner’s consent.
    see in detail

  2. What can be done if the seller delivers to the buyer a quantity different from the one contracted for?
    see in detail

  3. Unless otherwise agreed, the goods are not to be delivered in installment. Comment.
    see in detail

  4. What is the liability of buyer for wrongfully neglecting or refusing delivery of goods?
    see in detail

  5. What are the various types of ‘delivery of goods'?
    see in detail


CA-Foundation - Business Laws:

CA-Foundation: