Delivery of Wrong Quantity of Goods

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Delivery of Wrong Quantity of Goods

Unread postby Admin » Wed Aug 15, 2012 10:24 am

Delivery of Wrong Quantity of Goods

(1) where the seller delivers to the buyer a quantity of goods less than he contracted to sell, the buyer may reject them, but if the buyer accepts the goods so delivered he shall pay for them at the contract rate.

(2) Where the seller delivers to the buyer a quantity of goods larger than he contracted to sell, the buyer may accept the goods included in the contract and reject the rest, or if the goods delivered are such tht it is difficult or time consuming to separate the quantity contracted for he may reject the whole. If the buyer accepts the whole of the goods so delivered, he shall pay for them at the contract rate.

(3) Where seller delivers to the buyer the goods he contracted to sell mixed with goods of a different description not included in the contract, the buyer may accept the goods which are in accordance with the contract and reject the rest, or may reject the whole.

Goods of Inferior quality

where some of the good deliver though answering the description are not of merchantable quality, it is clear that the buyer may reject the whole but is doubtful whether he can reject those only which are not of merchantable quality and keep the rest. According to a decision in Scotland the words " of a different description" must be construed strictly, so that where all the goods delivered were of the specified description but some were of inferior quality the buyer remedy was not reject all. he could not under this law reject those only which were of inferior quality and keep the rest.
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