Rights and duties of buyer

1. Sale Of Goods Act-1930
Rights and Duties of Buyer

2. • Chapter VII (sec76-123) of INDIAN CONTRACT
ACT 1872
• Act applies to only movable property other
than actionable claim and money
• Not apply to immovable property (transfer of
property Act, 1882)

3. Goods (sec 2(7))
Goods
Existing
Specific
Generic
Future

4. Caveat Emptor- buyer beware
• Exceptions
• Custom or usage of trade
• Fraud
• Mercantable quality
• Express condition and warranty

5. Rights of buyer
• To have deliver of goods as per contract (31 &
32)
• To reject goods not as per description (37)
• To repudiate contract when goods are
delivered in installment (38(1))
• To be informed by seller when goods are sent
by sea route (39(30)

6. • To have opportunity to examine goods so as to
ascertain that goods are in conformity with
the contract (41)
• To sue the seller for recovery of price when he
fails to deliver goods
• To seller for specific performance
• To sue seller for damages (57)

7. • To sue seller the damage for anticipatory
breach of contract(60)
• To sue seller for damages of a warranty or for
breach of condition treated as breach of
warranty (51) =he can file suit against seller
• =claim damage
• To sue the seller for interest where there is
breach of contract and price has to be
refunded to buyer

8. Duties
• To accept delivery of goods (31)
• To pay price in exchange of possession of
goods
• To apply for delivery of goods (35)
• To demand delivery of goods at reasonable
hour (36(4))
• To accept delivery of goods and pay for them
in accordance with contract (38(2))

9. • To bear risk of deterioration in course of
transit
• To inform seller in case buyer refused to
accept or reject goods(40)
• To pay damage for non- acceptance (56)

10. • To pay the price where property in goods are
passed to the buyer in accordance with the
terms of contract(55)
• To take delivery of goods within reasonable
time(44)