Question 3 (b)

Delivery of the wrong quantity or quality of goods

6 marks

Time to write
About 12 minutes
Topic
Conditions, warranties and caveat emptor

Question

Question 3 (b) · 6 marks

Discuss the rules on delivery of the wrong quantity or quality of goods under a contract of sale.

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

12 minfor 6 marks

Read from the question

  • DiscussEach point named and explained, not just listed.

What the paper leaves open

Only a combined mark of 18 is printed for parts (a) to (c); each part is reckoned here at 6 marks (inferred).

Write it in this order

  1. Read; underline the asks; jot your points 1 min
  2. 1 Delivery of less, more or mixed goods (s. 37) 4 marks 7 min
  3. 2 Goods not of the contracted quality or description; conclusion 2 marks 3 min
  4. Check: every ask answered, key terms underlined 1 min

Short on time? Trim steps 1 and 2 evenly rather than skip one: each is capped at its own marks.

Try it first. About 12 minutes for 6 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.

Wrong quantity (s. 37):

  1. Less than contracted: the buyer may reject the goods; if he accepts them, he pays at the contract rate.
  2. More than contracted: he may accept the contracted quantity and reject the rest, or reject the whole; if he accepts the whole, he pays for it at the contract rate. Where A agrees to sell 100 quintals of wheat and delivers 110, B may reject the whole or accept only 100.
  3. Mixed with goods of a different description: he may accept the goods that accord with the contract and reject the rest, or reject the whole.
  4. These rules give way to any trade usage, special agreement or course of dealing between the parties.

Wrong quality or description (s. 15). Where goods are sold by description, there is an implied condition that they shall correspond with the description (a buyer who contracted for peas cannot be made to accept beans). A buyer need not take goods that differ from the description: the breach lets him reject them or, if he chooses to keep them, claim damages.

Wrong quality or fitness. Where the goods are not of the quality or fitness that the contract requires, expressly or under the implied conditions of section 16 (fitness for a purpose made known, merchantable quality), the term broken is ordinarily a condition, and the buyer may reject the goods. Where the term broken is only a warranty, or the buyer elects, or is obliged after accepting the goods, to treat the breach of condition as a breach of warranty (s. 13), he cannot reject the goods; he may set up the breach against the seller in diminution or extinction of the price, or sue for damages (s. 59).

Conclusion. On a short, excess or mixed delivery the buyer may reject or accept as section 37 allows, paying for what he accepts at the contract rate; goods that do not answer the description may be rejected as a breach of condition.

Where the 6 marks sit

#ComponentMarks
1Delivery of less, more or mixed goods (s. 37)4
2Goods not of the contracted quality or description; conclusion2
Total6
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