NOTES


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

What can be done if the seller delivers to the buyer a quantity different from the one contracted for?



Ans.

Delivery of wrong quantity [Sec. 37]

Subject to any usage of trade, special agreement or course of dealing between parties, the following rules shall apply when delivery of wrong quantity is made-

(a) Short delivery: If the seller delivers to the buyer a quantity less than he contracted to sell, the buyer may:

(i) reject the goods, or

(ii) accept the goods, if he accepts, he shall pay for the accepted quantity at the rates contracted for.

(b) Excess delivery: If the seller delivers to the buyer a quantity larger than he contracted to sell, the buyer may:

(i) reject the whole, or

(ii) accept the whole, or

(iii) accept the quantity he ordered and reject the rest.

(c) Delivery of goods mixed with other goods: ( the seller delivers to the buyer goods ordered mixed with goods of a different description, the buyer may:

(i) reject the whole, or

(ii) accept the agreed goods and reject the remaining goods.


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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


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