Question 5 (a)
Delivery
9.375 marks
- Time to write
- About 19 minutes
From an older CBCS paper
Question
Question 5 (a) · 9.375 marksDefine the term delivery. Must delivery, ownership and payment of price take place simultaneously? On Delivery of Wrong quantity, Discuss the rules.
Reworded from the university paper; the task is the same. The original paper belongs to the University of Delhi. See DU's question bank.
Before you write
Read off the question and its marks
Read from the question
- Define…Must…?Two asks in one question: answer both.
What the paper leaves open
The paper prints no mark per question (any four of six, equal marks, 75 in all); each question is reckoned here at 18.75 marks. Marked as one question of 18.75 marks; answered here in 2 parts of 9.375 marks each (marks inferred).
Write it in this order
- Read; underline the asks; jot your points 1 min
- 1 Delivery 3 marks 5 min
- 2 Not necessarily simultaneous 3 marks 5 min
- 3 Delivery of wrong quantity 3.4 marks 6 min
- Check: every ask answered, key terms underlined 2 min
Short on time? Trim steps 1–3 evenly rather than skip one: each is capped at its own marks.
Try it first. About 19 minutes for 9.375 marks. Write it out, then open the solution.
Solution
Hover or tap a marked figure, like 72,000, to see how it is made and where else it appears.
Delivery. Delivery means the voluntary transfer of possession from one person to another (s. 2(2)); it may be actual, symbolic or constructive, and may be made by doing anything the parties agree shall be treated as delivery or which puts the goods in the possession of the buyer or his authorised agent (s. 33).
Not necessarily simultaneous. No. 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 ready and willing to pay in exchange for possession (s. 32). But the parties may agree otherwise, as in a sale on credit, and ownership follows its own rules: in a sale of specific goods in a deliverable state, the property passes when the contract is made, even though payment or delivery is postponed. Delivery, ownership and payment can therefore occur at different times.
Delivery of wrong quantity (s. 37):
- Less than contracted: the buyer may reject the goods; if he accepts them he pays at the contract rate.
- More than contracted: he may accept the contract quantity and reject the rest, or reject the whole; if he accepts the whole he pays for it at the contract rate.
- Mixed with goods of a different description: he may accept the goods that conform and reject the rest, or reject the whole.
- These rules yield to trade usage, special agreement or course of dealing.
Where the 9.375 marks sit
| # | Component | Marks |
|---|---|---|
| 1 | Delivery | 3 |
| 2 | Not necessarily simultaneous | 3 |
| 3 | Delivery of wrong quantity | 3.375 |
| Total | 9.375 |
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