Remedies of the buyer - sales of goods, Business Law and Ethics

Remedies of the Buyer - Sales of Goods

(a)Damages for non-delivery

Section number 51 (1) provides that whether the seller wrongfully neglects or refuses to deliver the goods for the buyer, the buyer may maintain as an action against such the seller for like damages for non-delivery. So and.

Section 51 (2) further gives like; "the measure of damages is the estimated loss directly and such naturally resulting in the ordinary course of events, that from the seller's breach of contract." like.

S.51 (3) provides like; "whether is an available market for the goods in question the measure of damages is like prima facie to be ascertained through the differences between such the contract price and the market or current price of the goods on time where they ought to have been delivered, or, whether no time was fixed, so on time of the refusal to deliver."

(b)Specific Performance

Section number 52 states like "in any action for breach of contract for deliver specific or ascertained goods, such the Court may, whether it thinks fit, on the application of the plaintiff, through its judgement or decree, direct such the contract shall be performed exclusively, without giving such the defendant the option of retaining the goods on payment about damages. The judgement or degree may survive unconditional, or else upon such terms and conditions such to damages, payment of the price, and otherwise, like to the Court may seem just so, and the application about the plaintiff may be made on time like any before judgement or decree" so. Consequently this is the remedy of specific performance there.

Further judgements for specific performance are mostly only made whether the goods are unique or else of some special value like e.g. an article of special artistic rate or of rarity there.

(c)Damages for Breach of Warranty

Section number 53 provides that, whether there is a breach of warranty through the seller, such the buyer is not entitled to refused the goods on that account. However he may, like; "set up against the seller, such the breach of warranty in like diminution of extinction of the price"; else he may sue the seller to damages for the breach of warranty. Here once again, the measure of damages is the like "estimated loss directly and unsurprisingly resulting, in the ordinary course of events, such from the breach of warranty". Whether the buyer has set up breach of warranty in attenuation or extinction of the price, where he is not there through prevented from maintaining an action to the same breach of warranty because he suffered further damage.

There is breach of warranty of quality, such the measure of damages is the difference between such the value of the goods on time of delivery to the buyer, and like the value they would have had whether they had answered to the warranty also. So one is

(d)Recovery of price and one is

(e)Rejection of the goods

Posted Date: 2/1/2013 6:07:23 AM | Location : United States







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