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Question
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Example X agrees to sell 100 tons of Basmati tice to Y at Rs. 40,000 per ton. State the legal position in each of the following alternative cases:
Case (a) If X delivers 8 tons of Basmati rice.
Case (b) If X delivers 12 tons of Basmati rice.
Case (c) If X delivers 10 tons of Basmati rice and 2 tons of Dehraduni rice
Case (d) If X delivers 10 tons of Basmati rice of which 2 tons of inferior quality.
Case (e) If X delivers 8 tons of Basmati rice in April and the remaining 2 tons in the first week of May.
Case (f) If X delivers 10 tons of Basmati rice at Y's godown. Y refuses. to accept them and neither returns nor, informs the seller that, he refused to accept the goods.
Case(g) If X delivers 10 tons of Basmati rice at Y's godown. Y's refuses to accept them and inform the seller about. his intention but does not return the goods.
Case (h) If X is ready to deliver but Y refuses to take delivery and repudiates the contract.
Case (i) If X delivers 10 tons of Basmati rice and Y resells the rice to Z. When the rice are delivered to Y, he inspected a sample of it and sends it to Z. Z rejects it as not having according to sample. Y rejects the goods.
Case (j) If X delivers 10 tons 1 kg of Basmati rice and does not charge the buyer with excess quantity.
Example X agrees to sell 100 tons of Basmati tice to Y at Rs. 40,000 per ton. State the legal position in each of the following alternative cases:
Case (a) If X delivers 8 tons of Basmati rice.
Case (b) If X delivers 12 tons of Basmati rice.
Case (c) If X delivers 10 tons of Basmati rice and 2 tons of Dehraduni rice
Case (d) If X delivers 10 tons of Basmati rice of which 2 tons of inferior quality.
Case (e) If X delivers 8 tons of Basmati rice in April and the remaining 2 tons in the first week of May.
Case (f) If X delivers 10 tons of Basmati rice at Y's godown. Y refuses. to accept them and neither returns nor, informs the seller that, he refused to accept the goods.
Case(g) If X delivers 10 tons of Basmati rice at Y's godown. Y's refuses to accept them and inform the seller about. his intention but does not return the goods.
Case (h) If X is ready to deliver but Y refuses to take delivery and repudiates the contract.
Case (i) If X delivers 10 tons of Basmati rice and Y resells the rice to Z. When the rice are delivered to Y, he inspected a sample of it and sends it to Z. Z rejects it as not having according to sample. Y rejects the goods.
Case (j) If X delivers 10 tons 1 kg of Basmati rice and does not charge the buyer with excess quantity.
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Solution
Solution:
Case (a) Y has two options: (i) he can reject the goods or (ii) he can accept the goods.[Beck etc. v. Synzmanoski].
Case (b) Y has three options, (i) he can reject the whole, (ii) he can accept the whole, or (iii) he can accept 10 tons and can reject 2 tons. If he accepted 12 tons, he must pay for them at the contract rate [Cuniffe v. Harrison].
Case (c) Y has two options (i) he can reject the whole or (ii) he can accept 10 tons of Basmati rice and can reject 2 tons of Dehraduni rice.[London Plywood Ltd. v. Nasik Oak Ltd.].
Case (d) Y has two options: (i) he can accept the whole, or (ii) he can accept 8 tons of Basmati rice of superior quality and can reject 2 tons of Basmati rice of interior quality. It may be noted that Y cannot reject the whole because mixing of goods with inferior quality does not amount to mixing of goods of different description.[Hamarain v. M/s Radha Krishan Naraindas].
Case (e) Y can reject the whole tot of 10 tons because he is not bound to accept delivery in instalments. [Renter v. Sala].
Case (f) Y is deemed to have accepted the goods after a lapse of reasonable time.
Case (g) Y is not deemed to. have accepted the goods because he has informed the seller about his intention.
Case (h) X can sue Y for price and for damages.
Case (i) Y's act in inspecting the sample and: then sending The rice to Z was an acceptance and he could not afterwards reject it.
Case (j) Y is not entitled to reject the whole quantity of what because the excess delivery of 1 kg was so trivial as to be wholly insignificant.[shipton Anderson & Co. v. Weil Brothers & Co. Led].
Case (a) Y has two options: (i) he can reject the goods or (ii) he can accept the goods.[Beck etc. v. Synzmanoski].
Case (b) Y has three options, (i) he can reject the whole, (ii) he can accept the whole, or (iii) he can accept 10 tons and can reject 2 tons. If he accepted 12 tons, he must pay for them at the contract rate [Cuniffe v. Harrison].
Case (c) Y has two options (i) he can reject the whole or (ii) he can accept 10 tons of Basmati rice and can reject 2 tons of Dehraduni rice.[London Plywood Ltd. v. Nasik Oak Ltd.].
Case (d) Y has two options: (i) he can accept the whole, or (ii) he can accept 8 tons of Basmati rice of superior quality and can reject 2 tons of Basmati rice of interior quality. It may be noted that Y cannot reject the whole because mixing of goods with inferior quality does not amount to mixing of goods of different description.[Hamarain v. M/s Radha Krishan Naraindas].
Case (e) Y can reject the whole tot of 10 tons because he is not bound to accept delivery in instalments. [Renter v. Sala].
Case (f) Y is deemed to have accepted the goods after a lapse of reasonable time.
Case (g) Y is not deemed to. have accepted the goods because he has informed the seller about his intention.
Case (h) X can sue Y for price and for damages.
Case (i) Y's act in inspecting the sample and: then sending The rice to Z was an acceptance and he could not afterwards reject it.
Case (j) Y is not entitled to reject the whole quantity of what because the excess delivery of 1 kg was so trivial as to be wholly insignificant.[shipton Anderson & Co. v. Weil Brothers & Co. Led].
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