Delivery does not
amount to acceptance of goods?”
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Explanation: Meaning of Delivery of Goods
- According to the Sale of Goods Act delivery of goods means voluntary transfer of possession from one to another person.
- In order to make a valid delivery, goods must be transferred willingly from one person to another and not by means of theft, fraud or force, etc.
- Delivery of goods does not mean mere possession of goods.
- The delivery of goods can also take place when it is transferred to someone other than the buyer that is one who is authorized to hold them on behalf of the buyer.
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As per Section 42 of the Sales of goods Act, necessary conditions need to be met for the acceptance of goods.
- Unless there has been a fair opportunity to examine them, the buyer is not considered to have approved the goods.
- When the seller provides products to the purchaser, he is obliged on request to give the purchaser a fair opportunity to examine the goods.
- A buyer needs to accept the delivery of goods when he informs the seller that he has accepted the goods; or
- When, he does something to goods that is inconsistent with the ownership of seller.
- When the goods are retained beyond a reasonable time, without informing the seller that he has rejected them.
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