ABSTRACT
This chapter considers the legal problems arising from the duty of the seller to deliver the goods and of the buyer to accept and pay for them.
Section 28 states that, unless otherwise agreed, payment and delivery are concurrent conditions. This means that they should take place at the same time. Obviously, the parties may have agreed expressly or by implication that payment is to precede delivery or the other way round. In practice, payment and delivery cannot take place simultaneously without the willing co-operation of both parties. This means that the seller who complains that the buyer has not paid must show that he was ready and willing to deliver and conversely a buyer who complains of the seller’s failure to deliver must show that she was ready and willing to pay the price. In practice this is often done by tendering the goods or the price respectively.
