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Performance of Contract of Sale

This document discusses the concept of performance of a contract of sale under Indian law. It notes that performance requires delivery of goods by the seller, acceptance of the delivery by the buyer, and payment for the goods by the buyer. The document further outlines different types of delivery (actual, symbolic, constructive), the buyer's right to examine goods, and consequences for wrongful refusal to take delivery.

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Rishab Jain 2027203
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275 views

Performance of Contract of Sale

This document discusses the concept of performance of a contract of sale under Indian law. It notes that performance requires delivery of goods by the seller, acceptance of the delivery by the buyer, and payment for the goods by the buyer. The document further outlines different types of delivery (actual, symbolic, constructive), the buyer's right to examine goods, and consequences for wrongful refusal to take delivery.

Uploaded by

Rishab Jain 2027203
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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BBA 201 - BL 6/18/2018 1

 Concept of Performance of a contract of sale

o Delivery of goods by the seller;


o Acceptance of the delivery of goods and
o Payment for them by the buyer.

BBA 201 - BL 6/18/2018 2


 “It is a duty of the seller to deliver the goods
and of the buyer to accept and pay for them”
-Contract of sale Sec 31

 Performance of a contract of sale implies :

 Delivery of goods by the seller;


 Acceptance of the delivery of goods and
 Payment for them by the buyer

BBA 201 - BL 6/18/2018 3


 Sec 2(2)

 Delivery means voluntary transfer of


possession of goods from one person to
another

BBA 201 - BL 6/18/2018 4


1. Actual Delivery
 Where the goods are handed over by the seller to the
buyer or his duly authorized agent

 2. Symbolic Delivery
 Where some symbol of the real possession or control
over the goods is handed over to buyer

 e.g. :
 X sells to Y 100 bags of wheat lying in Z’s warehouse
and hands over the key of Z’s warehouse to Y
BBA 201 - BL 6/18/2018 5
 3. Constructive Delivery
 Where a person who is in possession of the
goods, acknowledges holding the goods on the
behalf of the buyer. In the following conditions:

 Where the seller in possession of the goods agrees


to hold them on the behalf of the buyer.
 Where a third person in possession of the goods
acknowledges to the buyer that he hold them on
his behalf

BBA 201 - BL 6/18/2018 6


 1. Delivery may be either actual or symbolic
or constructive (Sec 33)

 2. Buyer to apply for delivery (Sec 35)

 3. Place of Delivery [Sec 36 (1)]

 4. Time of Delivery [Sec 36 (2)]

 5. Goods in possession of a third Party [Sec


36 (3)]
BBA 201 - BL 6/18/2018 7
 6. Expense of delivery [Sec 36 (6)]

 7. Delivery of wrong quantity [Sec 37]:

a) Delivery of goods less than contracted for


[Sec 37(1)]
b) Delivery of goods excess than contracted
for [Sec 37(2)]
c) Delivery of goods contracted for mixed with
other goods [Sec 37(3)]

BBA 201 - BL 6/18/2018 8


 8. Delivery by instalments [Sec 38]

 9. Buyer’s right to examine the goods [Sec


41]

BBA 201 - BL 6/18/2018 9


 Buyer’s right of examination [Sec41]

 No duty to return the rejected goods [Sec 43]

 Wrongful Refusal to take delivery by buyer


[Sec 44]

BBA 201 - BL 6/18/2018 10

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