b) Explain delivery of goods in relation to:

i) Cost of putting the goods into deliverable state. (2 marks)

ii) Means of delivery. (6 marks)

iii) Place of delivery. (2 marks)

 

i) The expenses of and incidental to putting the goods into a deliverable state are to be borne by the seller unless the contract for the sale states otherwise. (2 marks)

ii) Unless otherwise agreed, the seller may deliver the goods to the buyer by:

  • Transferring to the buyer the actual physical control over the goods; or
  • Transferring to the buyer the means of obtaining actual physical control of the goods; or
  • Transferring to the buyer documents of title to the goods;
  • Delivery of the goods to the authorized agent of the buyer is a delivery to the buyer unless otherwise intended.
  • Delivery is also occasioned when the contract specifies a delivery of the goods to be given to a carrier to be delivered to the buyer.
  • Where the goods are to be delivered to a third party on behalf of the buyer and the third party acknowledges possession of the goods.

(6 marks)

iii) Place of delivery is the seller’s place of business if there is one, or place of residence unless the contract specifies the intention to deliver at a particular place. (2 marks)