Source: 6)c)MTP1,May20256 Marks
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Question Scenario

"Explain the rules relating to the delivery of goods under the Sale of Goods Act, 1930” with reference to the following: (i) Effect of part delivery (ii) Place of delivery (iii) Delivery of wrong quantity."

Estimated Writing Time: 10 mins Try in Practice Mode

Suggested Answer

i) Effect of part delivery (Section 34 of the Sale of Goods Act, 1930): A delivery of part of goods, in progress of the delivery of the whole has the same effect, for the purpose of passing the property in such goods, as a delivery of the whole; but a delivery of part of the goods, with an intention of severing it from the whole, does not operate as a delivery of the remainder. ii) Place of delivery [Section 36(1)]: Whether it is for the buyer to take possession of the goods or for the seller to send them to the buyer is a question depending in each case on the contract, express or implied, between the parties. Apart from any such contract, ♦ goods sold are to be delivered at the place at which they are at the time of the sale, and ♦ goods agreed to be sold are to be delivered at the place at which they are at the time of the agreement to sell or ♦ if goods are not then in existence, at the place at which they are manufactured or produced. iii) Delivery of wrong quantity [Section 37]: Refer Ans - 22

Exam Strategy Tip

When answering law questions in the CA Foundation exam, follow the "Provision -> Facts -> Conclusion" structure for maximum marks. Ensure to state the relevant sections where applicable to earn bonus marks from the evaluator.

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