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Report No. 3

74. Article 51.-

Article 51 relates to a suit for the balance of money advanced in payment of goods to be delivered. A period of three years is provided and the time begins to run when the goods ought to be delivered. Article 52 relates to a suit for the price of goods sold and delivered, where no fixed period of credit is agreed upon and the time runs from the date of the delivery of the goods; the period is three years. Article 53 is for the price of goods sold and delivered to be paid for after the expiry of a fixed period of credit. Time begins to run when the period of credit expires according to the terms of the contract. Article 54 is for the price of goods sold and delivered to be paid for by a bill of exchange, no such bill being given.

The period of limitation is three years and commences when the period of the proposed bill elapses. All these four Articles relate to the sale of goods and the event from which time begins to run is fixed according to the terms of the contract either when the goods ought to have been delivered or when they are delivered or when the period of credit expires or when the period of the proposed bill of exchange elapses. The event, on the happening of which the time starts, is identical with the time when the cause of action accrues under the contract. There is no necessity, therefore, for these separate Articles.



Limitation Act, 1908 Back




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