Victorian Consolidated Legislation

Goods Act 1958 - SECT 37

Delivery of wrong quantity

37. Delivery of wrong quantity



(1) Where the seller delivers to the buyer a quantity of goods less than he
contracted to sell the buyer may reject them, but if the buyer accepts the
goods so delivered he must pay for them at the contract rate.

(2) Where the seller delivers to the buyer a quantity of goods larger than he
contracted to sell the buyer may accept the goods included in the contract and
reject the rest, or he may reject the whole. If the buyer accepts the whole of
the goods so delivered he must pay for them at the contract rate.

(3) Where the seller delivers to the buyer the goods he contracted to sell
mixed with goods of a different description not included in the contract, the
buyer may accept the goods which are in accordance with the contract and
reject the rest, or he may reject the whole.

(4) The provisions of this section are subject to any usage of trade, special
agreement, or course of dealing between the parties.