ASSIGNMENT 1 SUBMITTED BY- DEVESH GUPTA

(PGP/0056/04)

CRITIQUE OF CONTACT “SALE OF GOODS”

SALE OF GOODS: The product delivered and the packaged by the supplier should follow the
specifications demanded by the buyer, these specifications are not mentioned here. Depending
upon the property of the product, any condition that can damage it should be mitigated by
taking appropriate measures and if they do happen then seller should take responsibility to
either replace or repair them.

PAYMENT TERMS: In case of a dispute there is no mention of any steps or methods that should
be followed in order to resolve them and after resolution what steps to be taken, also no time
frame is mentioned in order to solve the dispute.The taxes that are to be paid on the
transactions, the responsible party is not mentioned.

DELIVERY OF GOODS/SHIPPING: No mention of the number of days after which the buyer will
not accept the shipment.

FORCE MAJEURE: No mention of number of days after which neither seller nor buyer can
terminate the contract and if either of them does, what would be the repercussions.

BREACH OF CONTRACT: Any party can breach the contract because of any non-meaningful
reason and the other party can suffer a huge loss due to the breach of contract by the other
party. As mentioned the Section 73 of The Indian Contract Act provides compensation for loss
or damage caused by breach of contract by naturally arising in the usual course of things. It also
does not restrict the total compensation to the amount payable to the suffering party by the
breach. The other party can ask for any amount for the breach of contract as it is not specified
the exact consequences of contract breach.