DUTIES OF THE PARTIES

•Essential duties
•s 27 Duties of seller and buyer
•It is the duty of the seller to deliver the goods, and of the buyer to accept and pay for them, in accordance with the terms of the contract of sale.
•The duty to deliver enshrined in s 27 does not necessarily include a duty to transfer property
•Cont.
•In the statutory sense delivery means the ‘transfer of possession from one person to another
•Accordingly it does not necessarily mean physical delivery
•Place of delivery
•Unless agreed otherwise by the parties, the place of delivery is the seller’s place of business
•If the contract is for specific goods , which are known when the contract is made to be in some other place, then that place is the place of delivery
•Three forms of deliver
•(1) Actual, or physical delivery
•(2) Symbolic delivery
•(3) Constructive delivery
•s 28 Payment and delivery are concurrent conditions
•Unless otherwise agreed, delivery of the goods and payment of the price are concurrent conditions
•The seller can withhold delivery if the buyer hasn’t paid and the buyer can withhold payment unless the seller delivers
•Instalment Contracts
•A contract of sale may provide for delivery of the goods or payment of the price, or both to be made by instalments
•Sometimes it is difficult to determine whether the seller’s duty is ‘entire’ or ‘divisible’
•s 31(1) of the Sale of Goods Act
•Unless otherwise agreed, the buyer of goods is not bound to accept delivery of them by instalments.
•The buyer is not entitled to demand delivery by instalment (Honck v Muller (1881)
•Breach in respect of one or more instalments
Maple Flock Co Ltd v Universal [1934]
•The instalments are treated as a single contract
•The main test to be considered in applying 31(2) is to :
•(a) the ratio quantitatively which the breach bears to the contract
•Cont.
•(b) Secondly: examine the degree of probability or improbability that such breach will be repeated (question of what is reasonably inferred from the facts)
•Warinco AG v Samor [1977] the court admitted that there are borderline cases and said that the line can be drawn by the question ‘Has the buyer (or seller [added]) evinced an intention to abandon or refuse to perform the contract.

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