Sale of Goods
Rights and Duties of The Buyer
RIGHT | DUTIES | ||
1. | To have delivery of the goods as per contract. ( secs . 31 & 32) | 1 | To accept the delivery of goods, when the seller is willing to make the delivery as per the contract (Sec. 31) |
2. | To reject the goods when they are not of the description, quality or quantity as specified in the contract (Sec 37). | 2. | To pay the price in exchange for possession of the goods |
3. | To repudiate the contract when goods are delivered in installments without any agreement to that effects [ Sec. 38 (1)] | 3. | To apply for delivery of the goods. (Sec. 35) |
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] | 4 | To demand delivery of the goods at a reasonable hour ( sec 36 (4) |
5 | To have a reasonable opportunity to examine the goods for ascertaining whether they are in conformity with the contract. (sec. 41) | 5 | To accept delivery of the goods in installments and pay for them, in accordance with the contract. (Sec. 38 (2) |
6 | To sue the seller for recovery of the price, if already paid, when the seller fails to deliver the goods. | 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 sue the seller for damages if the seller wrongfully neglects or refuses to deliver the gods to the buyer ( sec 57) | 7 | To inform the seller in case the buyer refuses to accept or rejects the goods ( sec 43) |
8 | To sue the seller for specific performance | 8 | To take the delivery of the goods within a reasonable time after the seller tenders the delivery (Sec. 44) |
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) | 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 sue the seller the damages for anticipatory breach of contract ( Sec 60) | 10 | To pay damages for non-acceptance of goods ( Sec 56) |
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) |