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CA Foundation doubt

Guyss please tell me why she can repudiate the contract even though seller has fulfilled the condition of replacing the stones with her consent

Image attached to the doubt: Guyss please tell me why she can repudiate the contract even though seller has…

Asked by Jammy31 Jul 2025802 views

2 answers

  1. Amrita · 31 Jul 2025

    The good sold must be in the original position during sale. As per the Sale of Goods Act, 1930, when goods are sold by description and the goods delivered do not correspond or match to the description, the buyer has the right to reject the goods and recover the price paid. In this case, Shubhangi contracted for a specific design of necklace with Sapphire stones, and the delivered necklace had a completely disturbed design due to the Sapphire stones. The original contract was for a necklace of a specific design with Sapphire stones. The jeweller failed to deliver goods as per the description. Any modification to make the goods conform to the contract is the responsibility of the seller and should not incur additional cost to the buyer, especially when the defect is due to the seller's failure to deliver as per the agreement. So she can insist on the original contract being fulfilled without extra charges or demand a refund.

  2. Jammy · 31 Jul 2025

    But still she har self agreed that she can replace the stones this is the problem

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