Rights of the Buyer in a Contract of Sale
The following are the rights of a buyer in a contract of sale.
1. He has the right to have delivery of the goods as per the contract.
2. If the seller does not send, as per the contract, the right quantity of goods to the buyer, the buyer can reject the goods.
3. The buyer has a right not to accept delivery of the goods by installments by the seller.
4. If the goods are sent by sea route by the seller, the buyer has a right to be informed by the seller so that he may get the goods insured.
5. The buyer has a right to examine the goods which he has not seen earlier before giving his acceptance for the same.
6. If the seller wrongfully refuses to deliver the goods to the buyer as per the contract, the buyer may sue the seller for damages for non delivery. The amount of damages will be the difference between the contract price and the market price of the goods.
7. If the buyer has already paid the price and the seller has not delivered the goods as per the contract, the buyer can recover the amount paid.
9. The buyer may sue the seller for damages for the breach of any implied warranty as per the provisions of this Act.
10. If the seller rejects the contract before the date of delivery, the buyer may either treat the contract as still existing and wait till the date of delivery or he may treat the contract as cancelled and sue the seller for damages for the breach. The second case is known as the anticipatory breach of contract.
11. If, in view of the breach of contract by the seller, the price has to be refunded to the buyer, the buyer has a right to claim interest on the amount.
Duties of the Buyer in a Contract of Sale
The following are the duties of a buyer in a contract of sale.
1. It is the duty of the buyer to accept the goods and pay for them in accordance with the terms of the contract.
2. It is the duty of the buyer to apply for delivery.
3. It is the duty of the buyer to demand delivery of the goods within a reasonable time.
4. If the contract specifically provides for the delivery of the goods by the seller by installments, the buyer shall accept such a delivery.
5. It is the duty of the buyer to take the risk of deterioration in the goods which is necessarily incident to the course of transit. Example: Rusting of iron.
6. If the buyer refuses to accept the goods, it is his duty to inform the seller about it.
7. If the seller delivers the goods as per the contract, it becomes the duty of the buyer to take delivery of the same within a reasonable time. He remains liable to the seller for any loss arising on account of his refusal to take delivery.
8. If the ownership rights have already been passed on to the buyer by the seller, the former has the duty to pay the price as per the terms of the contract.
9. If the buyer wrongfully refuses to accept and pay for the goods, he will have to compensate the seller for damages for non-acceptance.