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Section 119: Sections 76 to 123 [Repealed by the Indian Sale of Goods Act, 1930]

Indian Contract Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1872
Section 118 All 266 Sections of Indian Contract Act Section 120

Legal Commentary & Landmark Judgments: Section 119

Historical Section 119 of the Indian Contract Act, 1872 provided that when a seller delivered goods of a description different from that contracted for, or mixed the contract goods with goods of a different description, the buyer was entitled to reject the whole consignment or accept the conforming goods and reject the rest. Codified in Section 37(3) of the Sale of Goods Act, 1930, this provision protects commercial buyers from being burdened with non-conforming mixtures.

  • Delivery of Mixed Goods: Arises where the seller delivers the goods agreed to be sold mixed with goods of a different description not included in the contract.
  • Buyer's Absolute Right of Entire Rejection: The buyer is entitled to reject the entire parcel; he cannot be forced by the seller to undertake the burden and expense of sorting the goods.
  • Severability Option: The buyer may elect to accept the goods which are in accordance with the contract and reject the balance, paying for the accepted goods at the contract rate.
Key Landmark Precedents:
  • Moore & Co. v. Landauer & Co. [1921] 2 KB 519: Landmark authority where canned fruit was packed 24 tins to a case instead of 30 tins to a case as contracted, though the total quantity was correct; held that the buyer was entitled to reject the whole consignment because the goods delivered were mixed with goods of a different description.
  • E.B.M. Co. Ltd. v. Dominion Bank AIR 1937 PC 139: The Privy Council observed that commercial performance requires strict adherence to contractual descriptions, and tender of non-conforming mixed goods constitutes a breach of condition justifying total repudiation.
Courtroom Practice & Strategic Litigation Guidance:

In supply chain disputes where consignments contain mixed grades or unauthorized packaging, file an immediate rejection memo invoking Section 37(3) of the Sale of Goods Act. If accepting the conforming portion, draft the delivery receipt with an explicit reservation of rights and set-off of sorting and handling expenses.

Section 118 All 266 Sections of Indian Contract Act Section 120