Buyer’s Rights Against Seller
What are the buyer’s rights against the seller?
Sections 59 and 60 of the Sale of Goods Act, 1930 empower the buyer to take legal action against the seller for damages in case of a breach of a condition or warranty treated as a breach of warranty. These provisions aim to protect the buyer’s interests and offer remedies in the event of any deviations from the agreed-upon contract terms.
What does Section 57 of the Sale of Goods Act entail?
Section 57 of the 1930’s Sale of Goods Act includes “damages for non-delivery.” If the seller mistakenly refuses or neglects to deliver the goods, the buyer possesses the right to sue the seller for damages for non-delivery. This section ensures legal recourse for buyers facing such situations.
Explain Section 47 of the Sale of Goods Act.
Section 47, Subsection (1) of the Sale of Goods Act, 1930, empowers an unpaid seller in possession of the goods to retain that possession until payment is received. This provision is applicable when the goods are sold without any stipulation for credit, offering a protective measure for sellers in certain circumstances.
What does Section 51 of the Sale of Goods Act cover?
Section 51 of the Sale of Goods Act, 1930 deals with the “duration of transit.” It establishes that goods are considered in the course of transit from the moment they are delivered to a carrier or other bailee for transmission to the buyer until the buyer or their agent takes delivery from the carrier or bailee.
Explain Section 49 of the Sale of Goods Act.
Section 49 outlines the conditions under which the transit of goods ends. This occurs (a) when the goods are delivered to a carrier or bailee without reserving the right of disposal, (b) when the buyer or their agent lawfully obtains possession of the goods, or (c) by waiver. These conditions mark the conclusion of the goods’ transit.
Buyer’s Rights Against Seller and Auction Sale
The Sale of Goods Act, 1930 plays a crucial role in safeguarding buyer rights in transactions and governing auction sales. Within its provisions, the act outlines the rights of buyers in situations of seller default and the corresponding remedies available. It meticulously addresses various aspects of auction sales, encompassing the completion of sales, withdrawal of goods, and distinguishing between auctions with and without reserve. The act grants buyers entitlements related to contract enforcement and performance while simultaneously affording sellers the right to demand payment or alternative performance and to retain control over the goods under specific circumstances. It also delineates guidelines for the examination of goods before contract conclusion and addresses implications concerning second-hand goods sold at auction. In addition, the act provides insights into the intricacies of sales by auction, covering bid retractions, conduct in auctions without reserve, and the overall conduct of such sales.
Geeky Takeaways:
- Scope and Applicability: The act governs transactions in the sale of goods in India and applies to both consumer and commercial contracts.
- Implied Conditions and Warranties: The act implies certain standard conditions and warranties in contracts of sale.
- Performance of Contract: It provides rules regarding delivery, payment, inspection, acceptance, and transfer of ownership.
- Remedies for Breach: Remedies available to parties in case of breach by the other party are covered, such as damages and return of goods.
Table of Content
- What are Buyer’s Rights against Seller?
- Key Elements under Buyer’s Rights against Seller
- Buyer’s Rights Against Seller
- Auction Sale
- Rules Governing Auction Sales
- Conclusion
- Buyer’s Rights Against Seller- FAQs