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Part VIII Obligations of the Buyer, 37 Taking Delivery

From: Global Sales and Contract Law (2nd Edition)

Ingeborg Schwenzer, Edgardo Muñoz

Content type:
Book content
Product:
International Commercial Law [ICML]
Published in print:
14 June 2022
ISBN:
9780198871255

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 29 March 2023

Subject(s):
Documents of carriage — Deemed delivery — Time of delivery — Handing over goods — Taking delivery and obligations of the buyer

This chapter explicates the obligation of buyers to take delivery of goods. Taking delivery is in line with taking control over and bearing responsibility for the goods. Common law legal systems impose a positive duty to accept the goods in accordance with the terms of the contract of sale. However, the duty to accept goods is not clearly defined. Affirmative communication, inconsistent ownership, and delayed rejection of goods are the three methods for effective acceptance. Meanwhile, the two acts of taking delivery are divided between taking over the goods and assisting with the modalities of delivery.

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