Case studies

"I would say that the amount of time I take to draft a good, comprehensive submission has been cut down by at least 60 to 70%. Having all these sources, commentary and journals at my fingertips is brilliant."

ParrisWhittaker

Access all 1 documents on Action for non-delivery

GET ACCESS NOW

GLOSSARY

Action for non-delivery definition

Published by a LexisNexis Commercial expert

What does Action for non-delivery mean?

An action for non-delivery is where the buyer may maintain an action against the seller for damages for non-delivery under a contract of sale.

Under the old common law, where delivery is made part of the consideration for the price or made a condition precedent to its payment, a seller who had not delivered could not recover the price from the buyer. This is still the case under the Sale of Goods Act 1979 (SGA 1979), although the seller has the right to damages for breach of contract. An action for non-delivery arises from any right, duty or liability declared by SGA 1979 and may be enforced by an action, which includes counterclaim and set-off and where the claimant includes a defendant counterclaiming. The delivery of the goods and the payment of the price are prima facie concurrent conditions but there are many cases where the property has passed, and the price is payable, even though the goods have not been delivered, as where the price is payable irrespective of delivery, or where delivery has been excused.

Speed up all aspects of your legal work with tools that help you to work faster and smarter. Win cases, close deals and grow your business–all whilst saving time and reducing risk.

Goods—delivery and acceptance

This Practice Note considers statutory laws in relation to the delivery and acceptance of goods in sale of goods contracts in a business to business context. It highlights the relevant provisions of the Sale of Goods Act 1979 and discusses common issues in sale of goods contracts such as when and where deliveries must take place, what happens if goods are defective and how buyers are deemed to have accepted goods following delivery.For more information on the sale and supply of goods contracts generally, see Practice Note: Contracts for the sale and supply of goods—business to business.For an example sale of goods agreement, including bespoke provisions relating to delivery, inspection and acceptance, see Precedents: Supply of goods agreement—pro-supplier and Supply of goods agreement—pro-customer together with their associated drafting notes. For a checklist when drafting and negotiating terms of delivery, see: Drafting and negotiating delivery terms for goods—checklist.This Practice Note does not consider delivery of goods within the context of a business to consumer contracts. For consideration of delivery in business...

Discover our 1 Practice Notes on Action for non-delivery