lecture-18 - THE SALELESSON 18 ACT OF SALE OF GOODS...

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Learning Outcomes After reading the lesson, you should be able to know: · The meaning of performance of contract of sale · The rules as to delivery of goods Introduction Now you know much about the contract of Sale. Try to answer what you could mean by Performance of Contract of Sale The performance of contract of sale implies delivery of goods, by the seller, and acceptance of the delivery of goods and payment for them by the buyer, in accordance with in contract. The parties are free to provide any terms they like in their contract about the time, place and manner of delivery of goods, acceptance there of and payment of the price. But if the parties are silent and do not provide any thing regarding these matters in the contract then the rules contained in the sale of Goods Act are applicable. If the contract contains any special terms as to delivery and acceptance, these must be complied with. If there are no terms in the contract to this effect, delivery of the goods and payment of the price are concurrent conditions, that is , both these must take place at the same time as in, for instance, a cash sale over a shop over counter (sec.32). Delivery of goods (section. 2(2) Delivery means voluntary transfer of possession of goods from one person to another [sec. 2(2)]. 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 his agent (sec.33) Delivery of goods may be actual, symbolic, or constructive. 1.Actual delivery. Where the goods are handed over by the seller to the buyer or his duly authorized agent, the delivery is said to be actual. Delivery of goods may also be made by doing anything which has the effect of putting the goods in the possession of the buyer [sec 33]. 2.Symbolic delivery. Where the goods are ponderous or bulky and incapable of actual delivery, e.g., haystack in a meadow, the delivery may be symbolic. Handing over of the key of a warehouse to the buyer is symbolic delivery of the goods to the buyer and is as effective as actual delivery, even though there is no change in the possession of the goods. 3.Constructive delivery or delivery by attornment .Where a third person (e.g., a bailee) who is in possession of the goods of the seller at the time of the sale acknowledges to the buyer that he holds the goods on his behalf, there takes place a delivery by attornment or constructive delivery [sec.36(3)]. This may happen in the following cases: a)where the seller in possession of the goods agrees to hold them on behalf of the buyer. b)Where the buyer is in possession of the goods and the seller agrees to the buyer’s holding the goods as owner. c)Where a third person in possession of the goods acknowledges to the buyer that he holds them on his behalf.
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