Chief Okon contracted to purchase 100 bags of rice from a commodity supplier. Upon delivery, the supplier delivered a total of 120 bags. Under the provisions of the Sale of Goods Act regarding the delivery of a wrong quantity, which of the following correctly states Chief Okon's statutory options?
- He may accept the 100 bags ordered and reject the remaining 20, accept all 120 bags paying for the excess at the contract rate, or reject the entire delivery.Answer
- BHe is legally obligated to retain all 120 bags but may demand a mandatory discount on the extra 20 bags.
- CHe must accept only the exact 100 bags ordered and forfeits any legal right to accept the excess or reject the whole consignment.
- DHe must automatically treat the contract as repudiated and can only sue the seller for breach of warranty.
Answer
The buyer may accept the 100 bags ordered and reject the remaining 20, accept all 120 bags paying for the excess at the contract rate, or reject the entire delivery.
According to the Sale of Goods Act (Section 30), where the seller delivers a quantity of goods larger than contracted, the buyer is given three clear choices: accept the contracted amount and reject the remainder, accept the entire delivery and pay for the excess at the contract rate, or reject the whole delivery.
Step-by-Step Solution
Key Concept
Delivery of Wrong Quantity (Excess Delivery) under the Sale of Goods Act