Seller's Delivery Obligation Without Contract
The general rule regarding the seller's duty to deliver goods is that, unless the contract specifies otherwise, the seller must be ready and willing to give possession of the goods to the buyer. However, the timing and initiation often depend on the buyer's actions, particularly the application for or demand of delivery.
Analyzing the Statements on Delivery
The question asks for the correct statement about the seller's obligation when no express contract exists.
- Statements 1 and 2 correctly posit that the seller is not bound to deliver until the buyer applies for delivery. This reflects the common legal understanding where the buyer's request often triggers the seller's final delivery action, absent specific contractual terms. Option 2 uses the standard legal phrasing "Apart from any express contract".
- Statement 3 is incorrect because it implies the seller's obligation is limited *until* the buyer applies, which is confusing and likely means the opposite of the intended legal principle. The seller's duty arises *upon* or *after* the buyer applies.
- Statement 4 incorrectly assigns the duty of delivery to the buyer, reversing the fundamental roles in a sale transaction. The seller is responsible for delivering the goods.
Therefore, the accurate statement is the one indicating the seller's duty to deliver is conditional on the buyer's application for delivery when no specific contract terms are in place.
Correct Statement Identification: The statement that aligns with legal principles is that the seller's obligation to deliver depends on the buyer's application, unless otherwise contracted.
Important Questions from Sale of Goods Act, 1930 - Teaching
- Where there is an unconditional contract for the sale of specific goods in a deliverable state, the property (ownership) in goods passes to the buyer when
- Read Assertion (A) and Reason (R) and answer using code given below :
Assertion (A) : “Goods” means every kind of movable property including actionable claims and money and excludes stock and shares, growing crops, grass and things attached to or forming part of the land which are agreed to be severed before sale or under the contract of sale.
Reason (R) : Above principle is laid down in Section 2 (7) of the Sale of Goods Act.
Code : - Which of the following statement is correct ?
- Match List – I with List – II and select the correct answer using codes given below :
List – I List – II (a) Goods in sale of goods (i) Bhopal Sugar Industries Ltd. V. STO (b) Consideration for a sale of goods (ii) Instalment Supply Ltd. V. STO (c) Sale and agreement to sale (iii) R.D. Goyal V. Reliance Industries Ltd. (d) Difference between contract of sale and contract of agency (iv) Aldridge V. Johnson
