COMMERCIAL PRACTICE L4 - Introduction - DELIVERY Flashcards
What should a delivery clause specify? (1)
Who delivers, what, where and when.
What is the legal definition of delivery? (1)
Delivery happens when possession of the goods is transferred from the seller to the buyer.
What is the default place of delivery under s29(2) SGA 1979 if no place of delivery is specified? (1)
The seller’s premises.
What happens if no time of delivery is specified in a contract? (1)
The time will be reasonable under s29(3) SGA 1979.
What does late delivery constitute if time of delivery is of the essence? (2)
A breach of condition and the buyer will have the option of rejecting the late goods.
What does a force majeure clause do? (1)
It suspends the obligations of the seller to deliver on time upon the occurrences of specified events.
What are ‘events of force majeure’? (1)
When delivery may be delayed for reasons or by events that are not within reasonable control of the seller.
What happens if a force majeure clauses is triggered by one of the events specified in the force majeure clause? (2)
The contract is suspended without delivery and the seller is not liable for late delivery.
