Britannica
Sources used in this answer
What duties does a buyer have under a commercial sales contract?
Created from Britannica articles
using AI.
AI can make mistakes, so verify using Britannica articles.
Commercial transaction
Portrait of King Louis XIV, by Charles Le Brun, c. 1655.
Under a commercial sales contract, the buyerâs primary duties are the payment of the agreed purchase price and the acceptance of delivery.1
Core Obligations
- Payment: The buyer is strictly responsible for paying the agreed price. Financial difficulties generally do not excuse this duty; only major, unforeseeable, and unavoidable obstaclesâsuch as war, revolution, or exchange restrictionsâmay provide a legal excuse.1
- Acceptance of Delivery: The buyer must take delivery of the goods as stipulated in the contract. If the buyer fails to make necessary arrangements for delivery (such as naming a ship in a "free on board" contract), the seller may be unable to fulfill their own delivery obligations.1
Additional Responsibilities
- Inspection: Upon receiving the goods, the buyer is generally required to examine them for defects as soon as possible and notify the seller if any are found.2
- Mutuality: The buyerâs duties are concurrent with the sellerâs obligations. Unless otherwise agreed, performance is expected to occur simultaneously. The law typically allows a buyer to withhold their own performance if the seller has not fulfilled an agreed-upon advance obligation.3