ADVERTISEMENTS:

Duties of Seller of Goods

The seller of goods has the following duties

1. Delivery

  1. It is the duty of the seller to deliver the goods and of the buyer to accept and pay for them, in accordance with the terms of the contract of sale.
  2. Unless otherwise, agreed, delivery of goods and payment of the price are concurrent conditions, that is to say, the seller shall be ready and willing to give possession of the goods to the buyer in exchange of the price, and the buyer shall be ready and willing to pay the price in exchange of possession of the goods.
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ADVERTISEMENTS:

2. Risk of deterioration in the goods

Where the seller of goods agrees to deliver them at his own risk at a place other than that were they are when sold, the buyer shall, nevertheless, unless otherwise agreed, take any risk of deterioration in the goods, necessarily incident to the course of transit.

3. Damages for non-delivery

Where the seller wrongfully neglects or refuses to deliver the goods to the buyer, the buyer may sue the seller for damages for non-delivery.

ADVERTISEMENTS:

4. Specific Performance

Under certain circumstances in any suit for breach of contract the deliver specific or ascertained goods, the Court may if it thinks fit, on the application of the plaintiff, by its decree direct that the contract shall be performed specifically. The power of the court to order specific performance in such cases is to be used subject to rules contained in the Specific Relief Act regarding specific performance of contracts.

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