Seller & buyer are the two parties to a contract of sale.
The duty of seller is to deliver the goods & the duty of the buyer is to accept the goods & pay for them.
‘ Delivery’ means voluntary transfer of possession from one person to another.
The basic elements of delivery are:
Person possess the goods.
He transfer possession to other.
It is a voluntary act of him.
Mode of delivery
Physical or actual delivery: When the seller transfers the possession of the goods to the buyer or to a person authorized to hold them on his behalf.
Symbolic delivery – Where actual delivery is not possible. Only the control over the goods is transferred. Handing over the keys of godown or warehouse.
Constructive delivery – It takes place in following cases:
Where the seller agrees to hold the goods as bailee for the buyer after sale.
Where the warehouseman or carrier holds the goods as bailee for the seller.
Rules regarding delivery
Mode of delivery – the delivery may take place by any of the three modes: actual, symbolic, constructive delivery. The delivery means passing of possession to make the buyer the real owner of goods.
Delivery & payment are concurrent – The delivery & payment of price are concurrent conditions unless the parties agree otherwise.
Effect of part delivery – If the intention of the seller is to deliver the goods in parts & to perform the whole contract then part delivery is valid delivery.
But if goods are delivered in parts & the seller is not intending to contract fully then there is breach of contract.
Buyer to apply for delivery – Unless there is a contract to the contrary then buyer must apply for delivery. It will always be the buyer who will apply for delivery of goods. But, if it is mentioned in contract
That seller will deliver goods then seller have to do so without applying of buyer.
Place of delivery – At the place agreed upon by the parties at the time of contract. Where the place has not been decided, they are to be delivered at a place at which they are at the time of sale.
Time of delivery – within reasonable time.
Expenses of delivery – are to be borne by seller unless there is a contract to contrary.
Delivery of wrong quantity: The seller delivers the wrong quantity to the buyer in following cases:
A quantity less than contracted ( buyer may reject the goods)
A quantity larger than contracted ( buyer may accept the goods under contract & reject the rest ), may reject the whole.
Goods ordered mixed with goods of different description. ( may accept or may reject )
Installment deliveries : The buyer is not bound to accept the installment deliveries of the goods unless there is a contract to the contrary.
Delivery to carrier: operates as delivery to buyer.
Examining the goods on delivery – buyer must get the opportunity to examine the goods.
Acceptance of goods by buyer – the buyer can accept & take the delivery of goods but has no right to reject the goods after acceptance.
Not to return the rejected goods – When the buyer reject the goods as not being according to the contract. He is not bound to return the rejected goods. He is just required to give a clear notice of rejection of goods to the seller.
Liability of buyer for refusing delivery of goods – If without any reason buyer refuses to take delivery then he is responsible.
Rights of buyer
Notice of insurance
Against seller for breach- suit for damages, suit for price, suit for specific performance, suit for interest