Section 34 of The Sale of Goods Act, 1930
Effect of part delivery.
A delivery of part of goods, in progress of the delivery of the whole, has the same effect, for the purpose of passing the property in such goods, as a delivery of the whole; but a delivery of part of the goods, with an intention of severing it from the whole, does not operate as a delivery of the remainder.
Summary
- Delivering just a portion of the goods while the rest of the delivery is still happening has the same legal effect as delivering everything.
- This partial delivery is effective for the purpose of passing ownership of those specific goods to the buyer.
- However, if part of the goods is delivered with the specific intent of separating it from the rest, it does not count as delivery of the remaining goods.
- The legal outcome depends on whether the part delivery is a step toward finishing the whole delivery or a way to split the order.
Practical examples
FAQ
1. If I receive half my order, do I own it under Section 34 of the Sale of Goods Act?
Yes, Section 34 of the Sale of Goods Act, 1930, states that part delivery in progress of the whole passes the property in those goods to you.
2. Does a partial delivery mean the whole order is legally delivered under the Sale of Goods Act?
It can. Section 34 of the Sale of Goods Act, 1930, says part delivery in progress of the whole has the same effect as delivering the whole for passing property.
3. What happens if a seller sends part of an order just to separate it from the rest under the Sale of Goods Act?
According to Section 34 of the Sale of Goods Act, 1930, if part delivery is made with the intent of severing it from the whole, it does not count as delivery of the remaining goods.
Test yourself
1.Under Section 34 of the Sale of Goods Act, 1930, what is the effect of part delivery made in the progress of delivering the whole?
2.According to Section 34 of the Sale of Goods Act, 1930, when does part delivery NOT operate as delivery of the remainder?
3.Why does Section 34 of the Sale of Goods Act, 1930, distinguish between types of part delivery?
4.If a seller is in the middle of delivering 1,000 bricks and has offloaded 500 when he stops for the day, what does Section 34 of the Sale of Goods Act, 1930, say about those 500 bricks?