Sales of Goods Act, 1930 - Delivery of Goods
Delivery of goods means willful transfer of goods from one person to another. General rule is that payment of the price and the delivery of the goods and concurrent conditions, however buyer and seller may decide otherwise.
TYPES OF DELIVERY
Actual Delivery: In this type of delivery of goods, the goods are physically handed over to the buyer or his authorised agent by the seller.
Symbolic Delivery: In this type of delivery of goods, the goods are very bulky or heavy and it is not possible to physically hand them over to the buyer or his duly authorized agent so some symbol which carries with it the real possession or control over the goods is handed over to the buyer or his agent. Examples of symbolic delivery are, Delivery of the keys of godown where goods are lying, Delivery of Documents.
Constructive Delivery: In this type of delivery of goods, neither actual nor symbolic delivery is made, but the person, who is in actual possession of the goods, acknowledges to hold the goods on behalf of the buyer. When such acknowledgement is received by the buyer it amounts to constructive delivery.
RULES OF DELIVERY
Kind of Delivery: Delivery may be actual, constructive or symbolic but delivery should have the effect of putting the goods in the possession of the buyer or his duly authorised agent.
Delivery and Payment are concurrent conditions unless otherwise agreed: The seller should be ready and willing to give possession of the goods to the buyer and similarly the buyer should be ready and willing to pay the price for the goods.
Part Delivery: When goods are in large quantity are to be delivered, then during the process of delivery when part of the goods is delivered, it is treated as the delivery of the whole of the goods, for the purpose of passing the property in the goods to the buyer, however where part delivery is made with the intention of separating it from the whole of the lot, then it does not amount to the delivery of the whole of the goods
Buyer needs to apply for delivery: Seller of goods is not bound to deliver goods to the buyer until the buyer applies for delivery of the goods. In case the goods are to be obtained or procured by the seller, then the duty of the seller is to inform the buyer that the goods have been obtained by him, even then, the buyer should apply for delivery.
Expenses of delivery: Unless contrary is agreed between the buyer and seller, the expenses of and other charges of putting the goods into a deliverable state are to be borne by the seller.
These online MCQ Mock tests and MCQ questions includes all main concepts of the chapter (Delivery of Goods) in CS Foundation, Business Environment and Entrepreneurship Computer Based Exam.