The Sale of Goods Act states that it is the duty of the seller to deliver goods and of the buyer to accept and pay for them in accordance with the terms of the contract of sale.
(i) Explain the meaning and effect of this Act
(ii) Describe the seller’s duties in connection with delivery and indicate what constitutes acceptance the buyer
ANSWER
i) Meaning and effect of Sale of Goods Act
- This section means that unless otherwise agreed, delivery of goods and payment of the price are concurrent conditions, which means that the seller must be ready and willing to give possession of the goods to the buyer for the price and the buyer must be ready and willing to pay the price in exchange for possession of the goods.
- The effect of this section is to underscore the salient obligations of the parties to a sale of goods contract.
ii) The seller’s duties in connection with delivery and indicate what constitutes acceptance the buyer
- Put the goods into a deliverable state.
- Deliver the goods the subject matter of contract
- Pass a good title to the buyer
- Supply goods of the right quantity
- Supply goods of the same quality
Under section 36 of the Sale of Goods Act, the buyer is deemed to have accepted goods if:
- He signifies his acceptance, to the seller or
- He does something in relation to the goods which is in consistent with the ownership of the seller.
- He retains the goods after expiration of the stipulated or reasonable time without signifying his rejection.