Rights and duties of buyer and seller under sale of goods act,1930

Rights and Duties of Buyer and Seller under Sale of Goods Act,1930

Rights of the Buyer:

1. To have delivery of the goods as per contract. (Sec. 31 & 32)

2. To reject the goods when they are not of the description, quality or quantity as specified in the contract (Sec 37).

3. To repudiate the contract when goods are delivered in installments without any agreement to that effects [ Sec. 38 (1)]

4. To be informed by the seller, when the goods are to be sent by sea route, so that he may arrange for their insurance [Sec 39 (30)]

5. To have a reasonable opportunity to examine the goods for ascertaining whether they are in conformity with the contract. (Sec. 41)

6. To sue the seller for recovery of the price, if already paid, when the seller fails to deliver the goods.

7. To sue the seller for damages if the seller wrongfully neglects or refuses to deliver the gods to the buyer ( Sec 57)

8. To sue the seller for specific performance

9. To sue the seller for damages for breach of a warranty or for breach of a condition treated as breach of a warranty ( Sec 59)

10. To sue the seller the damages for anticipatory breach of contract ( Sec 60)

11. To sue the seller for interest where there is a breach of contract on the part of the seller and price has to be refunded to the buyer ( Sec 61)

Duties of the Buyer:

1. To accept the delivery of goods, when the seller is willing to make the delivery as per the contract (Sec. 31)

2. To pay the price in exchange for possession of the goods

3. To apply for delivery of the goods. (Sec. 35)

4. To demand delivery of the goods at a reasonable hour [Sec 36 (4)]

5. To accept delivery of the goods in installments and pay for them, in accordance with the contract. [(Sec. 38 (2)]

6. To bear the risk of deterioration in the course of transit, when the goods are to be delivered at a place other than where they are sold ( Sec 40)

7. To inform the seller in case the buyer refuses to accept or rejects the goods ( Sec 43)

8. To take the delivery of the goods within a reasonable time after the seller tenders the delivery (Sec. 44)

9. To pay the price, where the property in the goods are passed to the buyer, in accordance with the terms of the contract ( Sec 55)

10. To pay damages for non-acceptance of goods ( Sec 56)

Rights of the Seller:
1. To reserve the right of disposal of the goods until certain conditions are fulfilled. ( Sec 25 (1)]

2. To assume that the buyer has accepted the goods , where the buyer

3. To deliver the goods only when applied for by the buyer ( Sec 35)

A) Conveys his acceptance;
B) Does an act adopting the sale; or
C) Retains the goods without giving a notice of rejection, beyond 
specified date (or reasonable time), in a sale on approval. (Sec 24)

4. To make delivery of the goods in installments, when so agreed (Sec 39 (1)]

5. To exercise lien and retain possession of the goods, until payment of the price ( Sec 47 (1)]

6. To stop the goods in transit and resume possession of the goods, until payment of the price ( Sec 49 (2) and 50]

7. To resell the goods under certain circumstances ( Sec 54)

8. To withhold delivery of the goods when the property in the goods has not passed to the buyer (Sec 46 (2)]

9. To sue the buyer for price when the property in the goods has passed to the buyer or when the price is payment on a certain day, in terms of the contract, and the buyer fails to make the payment (Sec 55)

Duties of the Seller:
1. To make the arrangement for transfer of property in the goods to the buyer.

2. To ascertain and appropriate the goods to the contract of sale

3. To pass an absolute and effective title to the goods, to the buyer.

4. To deliver the goods in accordance with the terms of the contract ( Sec 31)

5. To ensure that the goods supplied conform to the implied / express conditions and warranties.

6. To put the goods in a deliverable state and to deliver the goods as and when applied for by the buyer ( Sec 35)

7. To deliver the goods within the time specified in the contract or within a reasonable time and a reasonable hour. [ Sec 36 (2) and (4)]

8. To bear all expenses of and incidental to making a delivery ( i.e. up to the stage of putting the goods into a deliverable sate [Sec 36 (5)]

9. To deliver the goods in the agreed quantity. (Sec. 37 (1)]

10. To deliver the goods in installments only when so desired by the buyer. [Sec 38 (1)]

11. To arrange for insurance of the goods while they are in transmission or custody of the carrier. [Sec. 39 (2)]

12. To arrange for insurance of the goods while they are in transmission or custody of the carrier. [Sec. 39 (2)]

SHARE THIS