Sale of Goods Act Section 11 — Stipulations as to time

CHAPTER II FORMATION OF THE CONTRACT — Conditions and waranties

Commercial / Corporate

Summary

Unless the contract itself shows a different intention, the time fixed for payment is not treated as a core or essential part of a sale contract. This means a delay in payment alone does not automatically make the contract void or give the seller a right to cancel.

Whether any other time-related condition, such as the time for delivery of goods, is essential depends on what the contract says. The contract’s own terms decide if that timing is so important that breaking it would be a serious breach.

Official Text

Unless a different intention appears from the terms of the contract, stipulations as to time of payment arc not deemed to be of the essence of a contract of sale. Whether any other Stipulation as to time is of the essence of the contract or not depends on the terms of the contract.