Which of the following is true regarding delivery of goods by instalments under Section 38 of the Sale…
Under Section 38(1) of the Sale of Goods Act, 1930 ('Instalment deliveries'), unless otherwise agreed, the buyer of goods is not bound to accept delivery thereof by…
Choose your answer
Which of the following is true regarding delivery of goods by instalments under Section 38 of the Sale of Goods Act, 1930?
Answer and explanation
Correct answer D
Under Section 38(1) of the Sale of Goods Act, 1930 ('Instalment deliveries'), unless otherwise agreed, the buyer of goods is not bound to accept delivery thereof by instalments. Accordingly, the buyer is bound to accept delivery by instalments only when there is an agreement (express or implied) between the parties to that effect.
Option feedback
Option A
Incorrect because Section 38(1) of the Sale of Goods Act, 1930 makes no exception compelling the buyer to accept instalment deliveries merely because the goods are perishable.
Option B
Incorrect because a sale by sample under Section 17 does not oblige the buyer to accept delivery by instalments in the absence of an agreement.
Option C
Incorrect because Section 38(1) begins with 'Unless otherwise agreed', expressly permitting delivery by instalments where the parties so agree.
Option D
Correct because under Section 38(1) of the Sale of Goods Act, 1930, unless otherwise agreed between the parties, the buyer of goods is not bound to accept delivery thereof by instalments.
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