PERFORMANCE OF THE CONTRACTCentral

Section 42 of The Sale of Goods Act, 1930

The buyer is deemed to have accepted the goods when he intimates to the seller that he has accepted them, or when the goods have been delivered to him and he does any act in relation to them which is inconsistent with the ownership of the seller, or when, after the lapse of a reasonable time, he retains the goods without intimating to the seller that he has rejected them.

Summary

Acceptance occurs when a buyer tells the seller they have accepted the goods.
If a buyer does something with the goods that is inconsistent with the seller's ownership, they are deemed to have accepted them.
Keeping the goods for a reasonable amount of time without telling the seller they are rejected also counts as acceptance.

Practical examples

1Anita buys a new blender and uses it to make smoothies for her family for a week. By using the blender as if she owns it, she has accepted the goods.

2Bob receives a shipment of chairs and sends an email to the furniture store saying the chairs look great and he is happy with them. This is an express acceptance.

3Charlie receives a box of books but leaves them sitting in his hallway for a month without looking at them or calling the shop. Because a reasonable time passed without him rejecting them, he is deemed to have accepted them.

FAQ

1. What counts as acceptance under Section 42 of the Sale of Goods Act?

Under Section 42 of the Sale of Goods Act, 1930, acceptance happens if the buyer tells the seller they accept, treats the goods as their own, or keeps them too long without saying they are rejected.

2. Can I reject goods after using them under Section 42 of the Act?

Usually no, because Section 42 of the Sale of Goods Act, 1930, states that doing any act inconsistent with the seller's ownership counts as acceptance.

3. Does Section 42 of the Sale of Goods Act say how long I have to reject goods?

It mentions a reasonable time. Section 42 of the Sale of Goods Act, 1930, says that if you keep goods past a reasonable time without rejecting them, you have accepted them.

Test yourself

Q1.Under Section 42 of the Sale of Goods Act, 1930, which action is a way a buyer accepts goods?

Q2.What happens if a buyer keeps goods for a month without saying anything under Section 42 of the Sale of Goods Act, 1930?

Q3.Under Section 42 of the Sale of Goods Act, 1930, if a buyer tells the seller they have accepted the goods, what is this called?

Q4.Under Section 42 of the Sale of Goods Act, 1930, if a buyer refuses to accept goods but fails to tell the seller, what is the result?

41PreviousSection 41 Buyer’s right of examining the goods.43NextSection 43 Buyer not bound to return rejected goods.

←Section 41 Section 43→