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CA Foundation · Business Laws · The Sale of Goods Act, 1930

Anita agrees to sell 100 kg of almonds to Bharat. She delivers 100 kg of almonds mixed with 20 kg of walnuts, which were not part of the contract. What can Bharat do under the Sale of Goods Act, 1930?

Bharat may accept the 100 kg of almonds that conform to the contract and reject the walnuts, or he may reject the entire delivery. He may also accept everything. The law does not compel him to take goods of a different description mixed in.

  1. AAccept the 100 kg of almonds and reject the walnuts, or reject the whole delivery, or accept the wholeCorrect
  2. BHe must accept the whole delivery because the almonds were supplied
  3. CHe may reject only the almonds and keep the walnuts free of cost
  4. DHe may accept only the walnuts and reject the almonds

Explanation

Where the seller delivers the contracted goods mixed with goods of a different description, the buyer may accept the goods that conform to the contract and reject the rest, or reject the whole. He may also accept the whole. He is not bound to accept the mixture.

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