Question
Under Section 36 of the Sale of Goods Act, 1930, where
are goods to be delivered when no express delivery arrangement is agreed?Solution
Section 36(1) provides: "Whether it is for the buyer to take possession of the goods or for the seller to send them to the buyer is a question depending in each case on the contract, express or implied, between the parties. Apart from any such contract, goods sold are to be delivered at the place at which they are at the time of the sale, and goods agreed to be sold are to be delivered at the place at which they are at the time of the agreement to sell, or, if not then in existence, at the place at which they are manufactured or produced." This default rule prevents disputes by anchoring delivery location to the goods' actual location at contract formation. However, Section 36(2) provides that when the seller is bound to send goods, absence of a specified time requires delivery within a reasonable time. The provision also clarifies that delivery need not be at a particular location if parties have expressly or impliedly agreed otherwise.
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