Commentary

111.3 Duties to deliver and pay are concurrent conditions

COMMERCIAL CONTRACTS vol 7(2)
| Commentary

111.3 Duties to deliver and pay are concurrent conditions

| Commentary

111.3 Duties to deliver and pay are concurrent conditions

Unless agreed otherwise:

  1. 111.3.1

        the seller must be ready and willing to give possession of the goods to the buyer in exchange for the price; and

  2. 111.3.2

        the buyer must be ready and willing to pay the price in exchange for possession for the goods1.

These are concurrent conditions.

Note that an action for price under Section 49 can be maintained where payment is not made.

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