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Rules regarding transfer of property 2. In unascertained or future goods : The ownership of unascertained goods is transferred to the buyer when the following two conditions are fulfilled : The goods must have been ascertained The goods must have unconditionally appropriated by the seller or the buyer with the consent of the other.
Delivery may be either actual or symbolic or constructive. Delivery and payment are concurrent. Delivery to be made to buyer. Part delivery. Buyer to apply for the delivery. Mode of delivery. Place of delivery
Goods are to be delivered at the place at which they are at the time of sale. Goods agreed to be sold are to be delivered at the place at which they are at the time of agreement to sell Goods not then existence are to be delivered at the place at which they are manufactured or produced.
Acceptance of delivery
Acceptance of delivery by the buyer. Rules of acceptance
Examining goods When is it accepted?
He intimates to the seller that he has accepted it
Where goods are delivered to him or does some action After lapse of time he retain the goods
Buyers liability for rejecting ,neglecting, or refusing delivery of the goods Pay for Any loss occasioned by his neglect or refusal to tae delivery Reasonable charge for the care and custody of goods.
Duties
To pay for the goods and delivery thereof To apply for the delivery of goods To compensate seller for any loss occasioned by his neglect
Rights of seller
To receive the price of the goods To receive compensation or sue for the damages To receive reasonable charge for care and custody of the goods. If he is unpaid seller then to exercise his right of lien Sue the buyer for damages for wrongfully neglecting or refusing to accept the goods To recover the interest Sue for the price of the goods Sue for the damages on the buyer for repudiating the contract.
Duties
To deliver the goods when the buyer demands. To compensate the buyer if he repudiates the contract. Give reasonable opportunity to the buyer to examine the goods To compensate the buyer if the prodoct is of wrong quantity.