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

Gopal agreed to sell 50 kg of sugar to Imran. Gopal delivered 70 kg to Imran. Imran has not agreed to anything beyond the contract quantity. Which option correctly states Imran's rights under the Sale of Goods Act, 1930?

When a seller delivers more than the contracted quantity, the buyer has a choice. He may accept the contract quantity and reject the excess, reject everything, or accept all and pay the contract rate for the whole. Imran cannot be forced to take the excess or keep it free.

  1. AImran must accept all 70 kg and pay for the extra at the contract rate
  2. BImran may accept the 50 kg and reject the excess 20 kg, or reject the whole, or accept the whole 70 kg and pay at the contract rateCorrect
  3. CImran must reject the entire delivery because the contract is breached
  4. DImran may keep the whole 70 kg and pay only for 50 kg

Explanation

When the seller delivers more than contracted, the buyer may accept the contract quantity and reject the excess, reject the whole, or accept the whole and pay for it at the contract rate. Option 0 removes Imran's right to reject. Option 3 is wrong because if he accepts the whole he must pay for all of it.

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