The ‘Part delivery’ under section 34 of the Sale of Goods Act, 1930 to be the ‘whole delivery’.
The part delivery must be in the progress of the whole
Section 34 of the Sale of Goods Act, 1930 provides that a delivery of part of goods, in progress of the delivery of the whole, has the same effect, for the purpose of passing the property in such goods, as a delivery of the whole.
So part delivery operates as delivery of the whole only when it is made in the progress of delivery of the whole. But a delivery of part of the goods with an intention of severing it from the whole does not operate as a delivery of the remainder – that is the exception in the same section.
The intention of severing the part from the whole therefore defeats, rather than establishes, the effect of whole delivery; it cannot be an alternative or an additional condition.
Hence, the answer is The part delivery must be in the progress of the whole.
Similar Questions
Quality or fitness of goods for any particular purpose has no ............ .
When transfer of property in goods is to take place at future time or subject to some conditions thereafter to be fulfilled, the contract is called:
A sale in market overt is an exception of :
The right to stoppage in transit u/s 46 of the Sale of Goods Act, 1930 available to unpaid seller :
Important Questions from Sales of goods act, 1930
In a contract of sale, there is no implied condition as to quality or fitness for any particular purpose of goods supplied. According to which rule, it is the duty of buyer to see and satisfy whether the goods purchased will be suitable for his purpose or not?
- Which of the following are true statements relating to delivery of goods?
(A). Delivery and payment are concurrent conditions.
(B). Delivery may be actual, symbolic or constructive.
(C). Delivery may be at any time of the day only.
(D). Delivery of wrong quality
Choose the correct answer from the options given below: Quality or fitness of goods for any particular purpose has no ............ .
When transfer of property in goods is to take place at future time or subject to some conditions thereafter to be fulfilled, the contract is called:
A sale in market overt is an exception of :
