Samar was in search of a second-hand car. For this purpose, he approached “Car Wala 007”, a dealer in pre-owned cars. The sales manager of “Car Wala 007” showed him three cars which were standing in the parking lane just outside the office. Samar finalised red Wagon R car. After completing the documenting formalities and receiving the price of car, sales manager of “Car Wala 007” handed over the key of car to Samar. But when Samar was coming to parking area for picking the car, the electric poll fell on the car which badly damaged the car. Samar claimed that repair expenses of the car should be borne by “Car Wala 007” as car was not delivered to him. Referring to the provisions of the Sales of Goods Act 1930, state who will be liable to get the car repaired?

According to the provisions of the Sale of Goods Act, 1930, there are three modes of delivery, (i) Actual delivery, (ii) Constructive delivery and (iii) Symbolic delivery.\nSymbolic delivery is a delivery of a thing in token of a transfer of something else, i.e., delivery of goods in the course of transit may be made by handing over documents of title to goods, like bill of lading or railway receipt or delivery orders or the key of a warehouse containing the goods is handed over to buyer. \nIn the instant case, Samar purchased a pre-owned car from “Car Wala 007” which was standing in the parking lane just outside of office. After completing the documenting formalities, he received the key of car from sales manager of “Car Wala 007”. But when he was coming to parking area for picking the car, the car which badly damaged due to fall of the electric poll on the car. \nOn the basis of above provisions and facts, it is clear that handing over the key of car is the symbolic delivery of car. Hence, Samar being owner of the car must bear the repair expenses of car.