Sale of Goods. [Ch. 31. No. 9.

827

 

(2) Where there is a contract for the sale of goods
to be delivered by stated instalments, which are to be
separately paid for, and the seller makes defective deliveries
in respect of one or more instalments, or the buyer neglects
or refuses to take delivery of or pay for one or more instal-
ments, it is a question in each case, depending on the terms
of the contract and the circumstances of the case, whether
the breach of contract is a repudiation of a whole contract
or whether it is a severable breach giving rise to a claim
for compensation but not to a right to treat the whole
contract as repudiated.

33. (1) Where, in pursuance of a contract of sale, the
seller is authorised or required to send the goods to the
buver, delivery of the goods to a carrier, whether named by
the buyer or not, for the purpose of transmission to the
buyer, is prima facte deemed to be a delivery of the goods
to the buyer.

(2) Unless otherwise authorised by the buyer, the
seller must make such contract with the carrier on behalf of
the buyer as may be reasonable having regard to the nature
of the goods and the other circumstances of the case. Tf the
seller omit so to do, and the goods are lost or damaged in
course of transit, the buyer may decline to treat the delivery
to the carrier as a delive ry to himself, or may hold the seller
responsible in damage.

(3) Unless otherwise agreed, where goods are sent by
the seller to the buyer by a route involving sca transit,
under circumstances in which it is usual to insure, the seller
must give such notice to the buyer as may enable him to
insure “them during their sea transit, and if the seller fails to
do so the goods shall be deemed to be at his risk during
such sea transit.

34. Where the seller of the goods agrees to deliver them
at his own risk at a place other than that where they are
when sold, the buyer must, nevertheless, unless otherwise
agreed, take any risk of deterioration in the goods neces-
sarily incident to the course of transit.

35. (1) Where goods are delivered to the buyer which he
has not previously examined, he is not deemed to have

Delivery to
carrier, as
buver's
agent.

Risk where
goods are
delivered
elsewhere
than at
place of sale.

Buyer’s right
of examining
the goods.