Section 76 The Indian Contract Act, 1872
Section 76 of the Indian Contract Act, 1872 falls under the chapter on Contract relating to Sale of Goods, which was originally part of the Indian Contract Act but was later moved to a separate legislation — The Sale of Goods Act, 1930.
However, here’s the original Section 76 as it existed in the Contract Act (before being transferred):
📜 Section 76 — Delivery to Carrier or Wharfinger
"Where, in pursuance of a contract of sale, the seller is authorized or required to send the goods to the buyer, delivery of the goods to a carrier, whether named by the buyer or not, for the purpose of transmission to the buyer, or delivery of the goods to a wharfinger for safe custody, is prima facie deemed to be a delivery of the goods to the buyer."
🔍 Explanation:
This section means:
If the seller hands over the goods to a carrier (transporter) or a wharfinger (warehouse keeper) to send to the buyer,
Then, it is considered as delivery to the buyer,
Unless otherwise agreed, the risk may pass to the buyer once the goods are handed over.
📌 Illustration:
A sells 100 bags of rice to B and is required to send them. A hands them over to a transport company. This act is treated as delivery to B.
⚖️ Current Status:
This section is now covered under Section 39 of the Sale of Goods Act, 1930.
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