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

Neha orders 10 laptops from Techmart. Techmart tenders delivery at 11 p.m. on a Sunday at Neha's office, when it is closed. No time was fixed in the contract. Under the Act, what does the law say about the time for tendering delivery?

A demand or tender of delivery is effective only if made at a reasonable hour, and what counts as reasonable is a question of fact. The Act fixes no clock times, so Techmart's 11 p.m. Sunday tender at a closed office may not be effective.

  1. ATender must be made at a reasonable hour, and what is reasonable is a question of factCorrect
  2. BTender may be made at any hour, since time is irrelevant
  3. CTender is valid only between 9 a.m. and 5 p.m.
  4. DTender is valid only if the buyer accepts it in writing

Explanation

The Act says a demand or tender of delivery is effective only if made at a reasonable hour, and what is a reasonable hour is a question of fact. It does not fix specific clock hours. So a late-night Sunday tender may be ineffective.

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