CMA Intermediate · Business Laws and Ethics · Sale of Goods Act, 1930
Under the Sale of Goods Act, 1930, unless the parties have agreed otherwise, how are delivery of the goods and payment of the price related?
Delivery of goods and payment of price are concurrent conditions unless otherwise agreed. The seller must be ready to hand over possession in exchange for the price, and the buyer must be ready to pay in exchange for possession, so neither performs first.
- APayment must be made before delivery
- BDelivery must be made before payment
- CThey are concurrent conditionsCorrect
- DPayment is due only after the buyer resells the goods
Explanation
Section 32 states that, unless otherwise agreed, delivery and payment are concurrent conditions. The seller must be ready and willing to give possession in exchange for the price, and the buyer must be ready and willing to pay the price in exchange for possession. Neither party is entitled to demand that the other perform first.
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