The correct answer is D. Part delivery has the same effect as the delivery of the whole irrespective of the type of goods unless part delivery is made with intention of severing it from whole.
Section 34 of the Sale of Goods Act, 1930 states that “Where the seller delivers to the buyer a part of the goods contracted to sell, and the buyer accepts the part so delivered, the buyer is deemed to have accepted the whole, unless the part delivered is so insignificant as to show that the seller did not intend to part with the whole of the goods.”
This means that if the seller delivers part of the goods to the buyer, and the buyer accepts the part so delivered, the buyer is deemed to have accepted the whole of the goods. This is the case irrespective of the type of goods, unless the part delivery is made with intention of severing it from the whole.
For example, if a seller agrees to sell a buyer 100 widgets, and the seller delivers 50 widgets to the buyer, and the buyer accepts the 50 widgets, the buyer is deemed to have accepted the whole 100 widgets. This is the case even if the widgets are perishable goods. However, if the seller delivers 50 widgets to the buyer, but the buyer makes it clear that they are only accepting the 50 widgets as a sample, and that they do not intend to accept the whole 100 widgets, then the part delivery does not operate as a delivery of the remainder.
The reason for this rule is that it is in the interests of both the seller and the buyer to have certainty as to whether or not the contract has been completed. If the seller delivers part of the goods to the buyer, and the buyer accepts the part so delivered, then the buyer is deemed to have accepted the whole of the goods. This means that the seller cannot then go back and claim that the contract has not been completed. Similarly, if the buyer accepts part of the goods, but then changes their mind and decides that they do not want the whole of the goods, the seller cannot then go back and claim that the buyer has breached the contract.