(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:
Delivery of Goods Principles Explained
This question asks us to identify the true statements concerning the delivery of goods in a transaction. Let's examine each statement:
Statement Analysis: Delivery Conditions
- Statement (A): Delivery and payment are concurrent conditions.
This statement is true. In many sales contracts, especially under laws like the Sale of Goods Act, the seller is expected to deliver the goods, and the buyer is expected to pay for them, at the same time. This means delivery and payment happen simultaneously unless the contract specifies otherwise. - Statement (B): Delivery may be actual, symbolic or constructive.
This statement is also true. Delivery of goods isn't always about physically handing them over. It can take different forms:- Actual Delivery: This involves the physical transfer of the goods from the seller to the buyer.
- Symbolic Delivery: This occurs when the seller hands over something that symbolizes the goods or gives control over them, like handing over the keys to a locked warehouse containing the goods.
- Constructive Delivery: This happens when the person in possession of the goods acknowledges holding them on behalf of the buyer, even if the goods aren't physically moved or handed over directly. For example, if the seller agrees to hold the goods as a bailee for the buyer after the sale.
- Statement (C): Delivery may be at any time of the day only.
This statement is generally considered false. While delivery might happen at various times, the law usually implies that delivery must be made within "reasonable hours." Delivery very late at night or at an unreasonable hour might not be considered valid unless specifically agreed upon. The word "only" makes this statement too restrictive and inaccurate. - Statement (D): Delivery of wrong quality.
This statement is phrased incompletely and is considered false in the context of defining delivery conditions. Delivering goods of the wrong quality is a breach of the contract terms, not a recognized type or condition of proper delivery. It describes a potential problem *with* a delivery, not a method *of* delivery.
Conclusion on True Statements
Based on the analysis, statements (A) and (B) accurately describe conditions and types related to the delivery of goods.
Therefore, the correct option includes only statements (A) and (B).
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?
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:
The ‘Part delivery’ under section 34 of the Sale of Goods Act, 1930 to be the ‘whole delivery’.
A sale in market overt is an exception of :
