Performance of contract of sale

Sale of Goods Act (SoGA) 1932

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Under Section 11 of the Sale of Goods Act, 1930 the time of payment can be of the essence of

the contract —

by agreement between the parties

by operation of law

both (a) and (b)

either (a) or (b).

Explanation:

Section 11 of Sale of Goods Act –

11. Stipulations as to time. Unless a different intention appears from the terms of the contract, stipulations as to time of payment are not deemed to be of the essence of a contract of sale. Whether any other stipulations as to time is of the essence of the contract or not depends on the terms of the contract.

By: Parvesh Mehta

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