Sale of Goods Act, 1930

Section 12

Stipulation as to time - a condition to be fulfilled

⚡ Quick Answer Reference: Section 12 Sale of Goods Act, 1930

Provision: Section 12 of Sale of Goods Act, 1930
Act: Sale of Goods Act, 1930
Classification: commercial
Jurisdiction: India

Statutory Content

What does Section 12 of Sale of Goods Act, 1930 say?

Section 12 of the Sale of Goods Act, 1930, provides that unless a different intention appears from the terms of the contract, stipulations as to time of delivery are not of the essence of a contract of sale. However, if the buyer has made time of the essence by giving notice to the seller, then the seller's failure to deliver the goods within the stipulated time will entitle the buyer to terminate the contract. The section also provides that if the goods are not delivered within a reasonable time, the buyer may terminate the contract. The Bombay High Court has held that the question of what constitutes a reasonable time depends on the circumstances of the case and the terms of the contract (Keshavji Chhaganlal v. The Bombay Dyeing and Manufacturing Co. Ltd., AIR 1959 Bom 293).

Indian StandardSection 12, Sale of Goods Act, 1930

Bluebook (21st ed.)Sale of Goods Act, 1930, § 12 (India)

Court Pleading StandardSection 12 of the Sale of Goods Act, 1930

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Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗

Common Questions about Section 12 Sale of Goods Act, 1930

What is Section 12 of Sale of Goods Act, 1930?

Section 12 of the Sale of Goods Act, 1930 (Sale of Goods Act, 1930) defines and regulates "Stipulation as to time - a condition to be fulfilled". The section states: Section 12 of the Sale of Goods Act, 1930, provides that unless a different intention appears from the terms of the contract, stipulations as to time of delivery are not of the ess...

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