Sale of goods act 1930
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Sale of goods act 1930

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Rights and duties of buyer

Rights and duties of buyer

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Sale of goods act 1930 Sale of goods act 1930 Presentation Transcript

  • Sale Of Goods Act-1930 Rights and Duties of Buyer
  • • Chapter VII (sec76-123) of INDIAN CONTRACT ACT 1872 • Act applies to only movable property other than actionable claim and money • Not apply to immovable property (transfer of property Act, 1882)
  • Goods (sec 2(7)) Goods Existing Specific Generic Future
  • Caveat Emptor- buyer beware • Exceptions • Custom or usage of trade • Fraud • Mercantable quality • Express condition and warranty
  • Rights of buyer • To have deliver of goods as per contract (31 & 32) • To reject goods not as per description (37) • To repudiate contract when goods are delivered in installment (38(1)) • To be informed by seller when goods are sent by sea route (39(30)
  • • To have opportunity to examine goods so as to ascertain that goods are in conformity with the contract (41) • To sue the seller for recovery of price when he fails to deliver goods • To seller for specific performance • To sue seller for damages (57)
  • • To sue seller the damage for anticipatory breach of contract(60) • To sue seller for damages of a warranty or for breach of condition treated as breach of warranty (51) =he can file suit against seller • =claim damage • To sue the seller for interest where there is breach of contract and price has to be refunded to buyer
  • Duties • To accept delivery of goods (31) • To pay price in exchange of possession of goods • To apply for delivery of goods (35) • To demand delivery of goods at reasonable hour (36(4)) • To accept delivery of goods and pay for them in accordance with contract (38(2))
  • • To bear risk of deterioration in course of transit • To inform seller in case buyer refused to accept or reject goods(40) • To pay damage for non- acceptance (56)
  • • To pay the price where property in goods are passed to the buyer in accordance with the terms of contract(55) • To take delivery of goods within reasonable time(44)