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Under section 38(1) of the Sale of Goods Act, 1930, when must the buyer accept delivery in instalments?

Section 38(1) states the default rule that the buyer need not accept delivery in instalments unless the parties otherwise agree. The provision does not impose a special rule…

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Under section 38(1) of the Sale of Goods Act, 1930, when must the buyer accept delivery in instalments?

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Answer and explanation

Correct answer B

Section 38(1) states the default rule that the buyer need not accept delivery in instalments unless the parties otherwise agree. The provision does not impose a special rule based on perishability or sale by sample.

Option feedback

Option A

The parties may agree to delivery in instalments.

Option B

The buyer must accept instalment delivery when the parties have agreed to it.

Option C

The fact that goods are perishable does not by itself require acceptance in instalments.

Option D

Sale by sample does not by itself require acceptance in instalments.

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