DELIVERY OF GOODS BY THE SELLER. Section 62(1) of the Act defines delivery to mean voluntary transfer of possession from one person to another. Delivery may be: Constructive (for example handing over the keys to where they are stored). Symbolic (for example handing over the document of title). By attornement (where a third party intimates […]
ACCEPTANCE. By Section 27, the buyer is bound to accept the goods which are delivered in accordance with the contract. The significance being that once he has accepted, he loses his right to rescind. Section 34 provides that there is no acceptance until the buyer has examined the goods. He should be given a reasonable […]
REMEDIES. Generally, the type of remedy depends on the nature of the breach and the circumstances of the case. Remedies shall be divided into; Seller’s remedies. Remedy against the goods (real remedy). Which include right of lien, stoppage in transit, withholding delivery, limited right of resale- Section 39. Remedy against the buyer (personal remedy). Buyer’s […]
BUYER’S REMEDY. Right to Reject the Goods: Where there is a breach of a condition. Section 54. Section 36 provides that the buyer does not need to return the goods to the seller when he has rejected them. Monroe V Meyer-Mere rejection does not terminate the contract because the seller can redeliver conforming goods after […]
