Sale of Goods: Remedies Flashcards
Sale of Goods Act 1979, s.49(1)
Where, under a contract of sale, the property in the goods has passed to the buyer and he wrongfully neglects or refuses to pay for the goods according to the terms of the contract, the seller may maintain an action against him for the price of the goods.
Sale of Goods Act 1979, s.49(2)
Where … the price is payable on a day certain irrespective of delivery and the buyer wrongfully neglects or refuses to pay such price, the seller may maintain an action for the price, although the property in the goods has not passed and the goods have not been appropriated to the contract
Sale of Goods Act 1979, s.50
Damages for non acceptance of goods
- Where buyer wrongfully neglects/refuses to accept and pay for goods
- Seller may maintain action for damages for non-acceptance
- Measure is estimated loss directly and naturally resulting, in the ordinary course of events, from the buyer’s breach of contract
- Is there an “available market” for the goods? If yes, damages represent difference between contract price and market value: s.50(3)
Termination on account of the buyer’s breach depends on the usual contractual rules
Reputation, breach of express condition, best interpretation of provision breach, serious breach of an innominate term…
The Kanchenjunga [1990] 1 Lloyd’s Rep 391
Rule: Buyer may reject goods but seller may be able to cure or tender
Sale of Goods Act, s.12-15
Breach condition, serious breach of an innominate term, S’s repudiation of contract = buyer can terminate the contract
Sale of Goods Act 1979, s.51
Buyer may receive damages for non-delivery
N.B. late delivery at common law
Sale of Goods Act 1979, s.53
Buyer damages for breach of warranty
Sale of Goods Act 1979, s.52(1)
Specific performance, court has discretion, but rarely awarded as general rule is damages are adequate if there is an available market for goods
