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6 Delivery, Acceptance, and Payment

From: The Sale of Goods (4th Edition)

M G Bridge

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 21 September 2020

Subject(s):
Carrier's obligations — Handing over goods — Payment — Delivery and transfer of title

This chapter deals with the law on delivery, acceptance, and payment, covering the seller's duty to deliver and the buyer's duty to pay. The seller is required to deliver the goods to the buyer at the time and in the mode and quantity required by the contract. The buyer is bound to accept and pay for the goods. According to section 28 of the Sale of Goods Act, there is a presumption that subject to a retention, delivery and payment are mutual and concurrent conditions. Outside the law of sale of goods, the presumption of concurrency does not apply where one party's performance is a condition precedent to the other's performance, as where the former party has to perform in order to earn entitlement to the other's performance.

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