10. Duties of the parties
10. Duties of the parties
- Reza Beheshti, Reza BeheshtiAssistant Professor in International Commercial Law, University of Nottingham
- Séverine SaintierSéverine SaintierProfessor of Commercial Law, Cardiff University
- , and Sean ThomasSean ThomasReader, University of York
Abstract
This chapter details the duties of the parties as part of a contract sale according to the Sale of Goods Act 1979 (SGA). Section 27 of the SGA does not contain a complete statement of the parties' duties, but Section 28 does define the relationship between the duties of seller and buyer. Each party's duty to perform is conditional on the readiness and willingness of the other to perform and commercial agreements normally provide for the goods to be delivered on credit terms so that payment is due after delivery. SGA's Section 27 indicates that the duties of parties revolve around delivery, acceptance, and payment in accordance with the terms of the contract. The chapter then analyses the notion of exclusion clauses.
