· The meaning of performance of contract of sale
· The rules as to delivery of goods
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 rules as to delivery of goods
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).
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).