Rules as to Delivery of Goods
1. Delivery may be either actual or symbolic or constructive. (sec. 33) Delivery of goods sold may be made by doing anything which the parties agree shall be treated as delivery or which has the effect of putting the goods in the possession of the buyer or of any person authorized to hold them on his half. Thus, the delivery of the goods may be either actual or symbolic or constructive.
2. Delivery and payment are concurrent conditions (sec. 32.) unless otherwise agreed, delivery of the goods and payment of the price are con-current conditions, that is , the seller should be ready and willing to deliver the goods to the buyer in exchange for the price and the buyer should be ready and willing to pay the price in exchange for possession of the goods simultaneously, just like in a cash sale over a shop counter.
Illustration A contracts to sell to B 10 bags of sugar for Rs. 9,000. A need not deliver the goods unless B is ready and willing to pay for the goods on delivery, and B need not pay for the goods unless A is ready and willing to deliver them on payment.
3. Buyer to apply for delivery. Apart from any express contract, the seller of goods is not bound to deliver them until the buyer applies for delivery (sec.35). where the goods are subsequently acquired by the seller. He should intimate this to the buyer and the buyer should then apply for delivery. Unless otherwise agreed , the buyer has no cause of action against the seller if he does not apply for delivey.
4. Effect of part delivery, when property in goods is to pass on delivery (sec.34). A delivery of part of the goods, in progress of the delivery of the whole, has the same effect, for the purpose of passing the property in such goods, as a delivery of the whole. In other words, when delivery of part of the goods has been made with the intention of delivering the rest also, the property in the whole of the goods is deemed to pass to the buyer as soon as some portion is delivered.
1. Delivery may be either actual or symbolic or constructive. (sec. 33) Delivery of goods sold may be made by doing anything which the parties agree shall be treated as delivery or which has the effect of putting the goods in the possession of the buyer or of any person authorized to hold them on his half. Thus, the delivery of the goods may be either actual or symbolic or constructive.
2. Delivery and payment are concurrent conditions (sec. 32.) unless otherwise agreed, delivery of the goods and payment of the price are con-current conditions, that is , the seller should be ready and willing to deliver the goods to the buyer in exchange for the price and the buyer should be ready and willing to pay the price in exchange for possession of the goods simultaneously, just like in a cash sale over a shop counter.
Illustration A contracts to sell to B 10 bags of sugar for Rs. 9,000. A need not deliver the goods unless B is ready and willing to pay for the goods on delivery, and B need not pay for the goods unless A is ready and willing to deliver them on payment.
3. Buyer to apply for delivery. Apart from any express contract, the seller of goods is not bound to deliver them until the buyer applies for delivery (sec.35). where the goods are subsequently acquired by the seller. He should intimate this to the buyer and the buyer should then apply for delivery. Unless otherwise agreed , the buyer has no cause of action against the seller if he does not apply for delivey.
4. Effect of part delivery, when property in goods is to pass on delivery (sec.34). A delivery of part of the goods, in progress of the delivery of the whole, has the same effect, for the purpose of passing the property in such goods, as a delivery of the whole. In other words, when delivery of part of the goods has been made with the intention of delivering the rest also, the property in the whole of the goods is deemed to pass to the buyer as soon as some portion is delivered.
Rules as to Delivery of Goods
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