Rights and Duties of buyer

23/07/2020 0 By indiafreenotes

Rights of the Buyer:

  1. To have delivery of the goods as per contract. (Sec. 31 & 32)
  2. To reject the goods when they are not of the description, quality or quantity as specified in the contract (Sec 37).
  3. To repudiate the contract when goods are delivered in installments without any agreement to that effects [ Sec. 38 (1)]
  4. To be informed by the seller, when the goods are to be sent by sea route, so that he may arrange for their insurance [Sec 39 (30)]
  5. To have a reasonable opportunity to examine the goods for ascertaining whether they are in conformity with the contract. (Sec. 41)
  6. To sue the seller for recovery of the price, if already paid, when the seller fails to deliver the goods.
  7. To sue the seller for damages if the seller wrongfully neglects or refuses to deliver the gods to the buyer ( Sec 57)
  8. To sue the seller for specific performance
  9. To sue the seller for damages for breach of a warranty or for breach of a condition treated as breach of a warranty ( Sec 59)
  • To sue the seller the damages for anticipatory breach of contract ( Sec 60)
  • To sue the seller for interest where there is a breach of contract on the part of the seller and price has to be refunded to the buyer ( Sec 61)

Duties of the Buyer:

  • To accept the delivery of goods, when the seller is willing to make the delivery as per the contract (Sec. 31)
  • To pay the price in exchange for possession of the goods
  • To apply for delivery of the goods. (Sec. 35)
  • To demand delivery of the goods at a reasonable hour [Sec 36 (4)]
  • To accept delivery of the goods in installments and pay for them, in accordance with the contract. [(Sec. 38 (2)]
  • To bear the risk of deterioration in the course of transit, when the goods are to be delivered at a place other than where they are sold ( Sec 40)
  • To inform the seller in case the buyer refuses to accept or rejects the goods ( Sec 43)
  • To take the delivery of the goods within a reasonable time after the seller tenders the delivery (Sec. 44)
  • To pay the price, where the property in the goods are passed to the buyer, in accordance with the terms of the contract ( Sec 55)
  • To pay damages for non-acceptance of goods ( Sec 56)