Salesba Reviewer

Place of Delivery

1. Place stipulated by parties

2. Usage of Trade

3. Sale covers specific goods which both parties know were in some place when the contract of sales was made; that shall be the place of delivery

4. Seller’s place of business; seller’s residence

Time of Delivery

1. Time stipulated by parties

2. Reasonable time (character of goods, purpose for which they are intended, ability of the seller to produce the goods if they are to be manufactured, facilities and transportation, distance the goods must be carried, usual course of business in the particular trade)

Seller Delivers Goods to Third Persons- Seller is not deemed to have delivered the goods until third person acknowledges that he holds goods on behalf of the buyer.

Seller Delivers Less Than Quantity Sold

1. Buyer may refuse to accept them (seller did not comply with contract)

2. Buyer accepted/retained what was delivered, his right will depend upon whether:

a. He knows seller will not perform his contract in full; buyer shall pay for the goods accepted/retained at contract rate.

b. If he has used/disposed the goods delivered, before he knows seller is not going to perform contract in full, he shall be liable only for the fair value to him of the goods he received.

Seller Delivers More Than Quantity Sold- buyer cannot reject the whole quantity

1. Buyer may accept goods included in the contract and reject the rest.

2. If buyer accepts the whole of the goods he must pay for them at the contract rate

Seller delivers to the buyer goods he contracted to sell mixed with goods of different description. – divisibility or indivisibility of subject matter must be considered

Subject matter is divisible

1. Seller delivers the quantity he contracted to sell but mixed with goods of a different description:

a. Buyer may reject whole quantity.

b. He may accept goods, which are in accordance with the...