धारा 61

Section 61 of the Sale of Goods Act, 1930, states that where the buyer or the seller fails to perform their respective obligations under the contract, the other party may treat the contract as terminated, provided that such failure amounts to a breach going to the root of the contract. The section reads: "Where the buyer or the seller fails to perform their respective obligations under the contract, the other party may treat the contract as terminated, provided that such failure amounts to a breach going to the root of the contract." The section is subject to the provisions of Section 62. The Madras High Court in the case of K. M. S. Lakshmanan Chettiar v. P. M. A. Abdul Majeed, AIR 1960 Mad 474, held that the buyer's failure to pay the price of the goods within the stipulated time did not amount to a breach going to the root of the contract, as the buyer had made an offer to pay the price, which was rejected by the seller.