Law

Payment, delivery, acceptance and price

The parties say nothing about the price

Where the parties say nothing about the price, s provides that the buyer must pay a reasonable price. What is a reasonable price is a question of fact: if the seller is in business, his or her usual prices will be evidence of what is a reasonable price; if the seller is not in business, the court will have to do the best it can with such evidence as the parties present to it.

The parties fix the price in the contract

Parties usually fix the price in the contract. They may do so in a number of ways, such as agreeing to sell a car for £8,000 (a global price) or agreeing to buy as much petrol as was needed to fill the tank at 80 p a liter (a unit price).

The price is left to be fixed in a manner agreed by the contract

Section 8(1) of the Sale of Goods Act 1979 contemplates that the contract may leave the prices to be fixed later in an agreed manner. One possibility is that the contract may provide for the price to be fixed by the seller (or the buyer) (May and Butcher Ltd v R (1934)). Problems have arisen, however, where rather than leave the price to be fixed by one party, the parties agree that the price shall be fixed by agreement between them later. In May and Butcher v R (above), the parties failed to agree and the House of Lords held that there was no contract on the basis that s 8(2) only applied where there was no agreement as to the price so that its operation was excluded where the parties had provided a mechanism for fixing a price which had not worked.All information details Starbucks Prices

Payment

Section 28 states that, unless otherwise agreed, payment and delivery are concurrent conditions. This means that they should take place at the same time. Obviously, the parties may have agreed expressly or by implication that payment is to precede delivery or the other way round. In practice, payment and delivery cannot take place simultaneously without the willing co-operation of both parties. This means that the seller who complains that the buyer has not paid must show that he was ready and willing to deliver and conversely a buyer who complains of the seller’s failure to deliver must show that she was ready and willing to pay the price. In practice this is often done by tendering the goods or the price respectively.More Movies Download from here kuttymovies malayalam

Delivery

‘Delivery’ bears a meaning in the Sale of Goods Act 1979 quite different from its colloquial meaning. If I say that a grocer will deliver, this would usually be taken to mean that the groceries will be brought to the house of a customer. In the Sale of Goods Act, the word does not have any necessary connotation of taking the goods to the customer and refers simply to the seller’s obligation to hand over the goods. In the basic case, the seller performs its obligations by making the goods available to the buyer at its (the seller’s) place of business.All Movies HD Download free from here Pagalmovies

The meaning of delivery

Conversely, the goods may be delivered even though the seller stays in possession if the capacity in which he is in possession changes. An example would be the position of the dealer in the standard hire purchase car triangle. The dealer sells the car to the finance company but the car is never physically transferred to the finance company. It goes straight from dealer to customer. Physical transfer to the customer is a sufficient delivery to the finance company.Please visit here for information about 2000s Kids Shows

Place of delivery

In many cases, the parties will expressly agree the place of delivery or it will be a reasonable inference from the rest of their agreement that they must have intended a particular place.Watch online movies here 10starhd

Time of delivery

It is very common, particularly in commercial contracts, for the parties expressly to agree the date for delivery. This may be done either by selecting a particular calendar date, for example, 1 May 2002, or by reference to a length of time, such as six weeks from receipt of order. In this respect, it is worth noting that the law has a number of presumptions about the meaning of various time expressions, so that a year prima facie means any period of 12 consecutive months; a month means a calendar month; a week means a period of seven consecutive days and a day means the period from midnight to midnight. More Info About Drink Coca Cola

Last word

A difficult problem arises where buyers announce in advance that they will not take the goods and later seek to argue that they would have been entitled to reject the goods in any case because they were defective. The general rule in the law of contract is that a party who purports to terminate for a bad reason can usually justify the termination later by relying on a good reason which has only just been discovered. The buyer will often have great practical problems in establishing that the goods which the seller would have delivered would have been defective.

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