Revision notes on the duties of the buyer and the seller for commercial law. Clear explanation of duties owed which are relevant to many questions in commercial law exams. Complete with colours and pictures to aid memory.
Duties of the buyer and seller
Delivery and property
SGA 1979, s.27 – it is the sellers duty to deliver the goods, buyers duty to accept
and pay for the goods
s.28 – duties are concurrent unless otherwise agreed.
CRA s.28(2) - “Unless the trader and the consumer have agreed otherwise, the
contract is to be treated as including a term that the trader must deliver the goods to
the consumer.”
s.61(1): delivery means “voluntary transfer of possession from one person to
another....”
Various rules relating to delivery are set out in SGA 1979, s.29
(1) Whether it is for the buyer to take possession of the goods or for the seller to
send them depends on the terms of the contract – 29(1)
(2) Apart from any relevant terms of the contract, the place of delivery is the
seller’s place of business (if he has one) and failing that, his residence unless
specific goods being contracted for and they are known to be in a specific
place, in which case place of delivery is that place. – 29(2)
(3) Where under the contract the seller is bound to send the goods to the buyer
but no time has been specified for doing that the seller must send them within
“a reasonable time” – 29(3)
(4) Unless otherwise agreed, the expenses of putting the goods into a deliverable
state must be borne by the seller. – 29(6)
Actual delivery – physical delivery of the goods to the buyer
Symbolic delivery – delivering something that indicates title and
ownership e.g. bill of lading, keys to car etc. Albright.
Constructive delivery – transferring the right of possession of goods to
the buyer by telling the third party, no transfer until third party informs
new owner that goods are being held on their behalf.
s.33 – risk of deterioration during transit borne by buyer.
Time of payment
s.10 – unless otherwise specified, time of payment is only a warranty.
Bunge – term written as a condition so was treated like one. Could
terminate contract and claim damages.
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