It is a very good form
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Q. (2002) (2003)
Delivery is transfer of possession from seller to the buyer. It is the duty of seller to deliver the goods in accordance with the terms and conditions of the contract. In a contract of sale delivery of goods is an essential element.
2. Definition of delivery:
According to sec. 2(2)
“Delivery means voluntary transfer of possession from one person to another.”
Goods must be in deliverable state.
3. Case law
P. L. D 1965 Kar. 22
4. Kinds of delivery:
Following are the kinds of delivery.
(I) Actual delivery:
Where the goods are not physically handed over by the seller or his agent to the buyer or his agent, the delivery is said to be actual.
(II) Symbolic delivery:
If goods are not physically handed over to the buyer but means of obtaining possession of goods is delivered.
(III) Constructive delivery:
When there is a change in the legal character without any visible change in actual and visible custody. It is called constructive delivery.
5. Rules as to the delivery of goods.
Rules as to the delivery of goods are as under.
(I) Duties of seller and buyers:
According to sec. 31.
It is the duty of the seller to delivers the goods to the buyer and it is the duty of buyer to accept and pay for the goods according to the terms of the contract.
(II) Delivery and payment:
According to Sec. 31.
Unless otherwise agreed, the seller should be ready to deliver the goods to the buyer, in exchange for the price and the buyer should be ready to pay the price in exchange for possession of goods simultaneously, just like a cash sale over a counter.
(III) Mode of delivery:
According to Sec. 33
“Delivery of goods sold may be made by any of the ways on which the parties agree.
(IV) Effect of part delivery:
According to Sec. 34.
“Where a delivery of part of the goods has been made with the intention of delivering the rest of goods also, the ownership in the whole of the goods is deemed to pass to the buyer as soon as some portion is delivered. But a delivery of part of the goods, with the intention of serving it from the whole does not operate as delivery of the remainder.
(V) Buyer to apply for delivery:
According to sec 35.
It is the duty of buyer to apply for delivery. If he fails to do so, he can not blame seller for non delivery.
(VI) Place of delivery:
according to sec. 36.
The goods must be delivered at a specified place which is stated in a contract during business hours on a working day or at the place at which they are at the time of sale.
(VII) Time of delivery:
The seller is bound to send the goods to buyer within a fixed time. If there is no fixed time the seller should send with in a reasonable time.
(VIII) Goods in possession of third party:
According to sec 36(3)
Where the goods at the time of sale are in the possession of a third person, there is no delivery by the seller to the buyer unless and until such third person acknowledges to the buyer that he holds the goods on his behalf.
(IX) Expenses of delivery:
According to sec 36(5)
Unless otherwise agreed, the expenses of putting the goods into deliverable state must be born by the seller.
(X) Wrong delivery:
According to Sec 37.
A seller is responsible to deliver the goods to the buyer in accordance with the terms of the contract. In case of wrong delivery, the buyer can reject the goods. Wrong delivery may be either short delivery, excess delivery or mixed delivery.
(XI) Instalment deliveries:
According to sec. 38
“Unless otherwise agreed the buyer is not bound to accept the delivery of goods in installments. If the parties so agree then only the delivery of the goods may be made by installments.
(XII) Delivery to carrier:
According to sec. 39
Where the seller is required to send the goods to the buyer, delivery of the goods to carried is deemed to be a delivery of goods to the buyer.
(XIII) Goods delivered at a distinct place:
According to Sec. 40
Where the seller of goods agrees to deliver the goods at his own rest other than they are sold, the buyer shall take risk of any deterioration in good incident to the transit.
(XIV) Examining the goods by the buyer:
According to Sec. 41.
“Where the seller delivers the goods to the buyer, he is bound to give a reasonable opportunity to the buyer to examine the goods for the purpose of ascertaining whether they are accordance with the contract.
(XV) Acceptance of delivery by buyer:
According to Sec. 42
The buyer is deemed to have accepted the goods in either of the following ways.
(i) When he intimates to the seller that he has accepted the goods.
(ii) When he does any act in relation to the good which is inconsistent with the ownership of the seller.
(iii) When, after laps of reasonable time, he retains the goods without intimating, the seller that he has rejected them.
(XVI) Buyer not bound to return rejected goods:
According to sec 43.
“Where goods are delivered to the buyer and he refuses to accept them, having the right to do so, he is not bound to return them to the seller. He should inform the seller about his rejection.
(XVII) Liability incase of refusing to take delivery of goods:
According to Sec. 44.
When the seller is ready to deliver the goods and requests the buyer to take delivery, and the buyer does not take delivery of the goods within reasonable time, the buyer is liable to the seller for any loss arising on account of refusing to take delivery.
To conclusion it can be said that, delivery is voluntary transfer of possession from one person to another. Seller should deliver the goods to the buyer according to the rules provided in sales of goods act. Delivery may be made by doing anything i. e. which the parties agree shall be treated as delivery or which has the effect of putting the goods in the possession of the buyer.
It is a very good form
One again, Keep working. Thanks. . .
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