As per the Sale of Goods Act , Discuss the Remedies available to buyers in case of breach of contract.
Question
As per the Sale of Goods Act, Discuss the Remedies available to buyers in case of breach of contract.
Solution
The Sale of Goods Act provides several remedies to buyers in case of breach of contract by the seller. These remedies are:
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Damages for Non-Delivery: If the seller wrongfully neglects or refuses to deliver the goods to the buyer, the buyer may sue the seller for damages for non-delivery.
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Specific Performance: In certain special cases, the court may direct the seller to perform his obligation specifically. This is usually in cases where the goods are specific or ascertained and money compensation may not be adequate.
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Suit for Breach of Warranty: If the goods do not comply with the terms of the contract, the buyer can claim damages. This is usually the difference between the value of the goods at the time of delivery and the value they would have had if they had answered to the warranty.
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Suit for Interest or Special Damages: In case of breach of contract, the buyer is also entitled to claim interest from the date of payment to the seller. The buyer can also claim special damages in certain cases.
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Rejection of Goods: The buyer has the right to reject the goods if they do not conform to the contract. This must be done within a reasonable time after delivery.
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Right of Lien: The buyer has a right of lien over the goods for any unpaid seller in his possession.
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Right of Resale: If the seller fails to pay the price, the buyer has the right to resell the goods. If there is any loss on resale, the buyer can recover it from the original seller.
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Right of Stoppage in Transit: If the buyer becomes insolvent, the seller has the right to stop the goods in transit and recover them.
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Right of Reimbursement: If the seller has paid any money in respect of the goods, he is entitled to be reimbursed by the buyer.
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Right to Sue for the Price: If the buyer wrongfully neglects or refuses to pay for the goods, the seller may sue him for the price of the goods.
These remedies ensure that the buyer is protected in case of any breach of contract by the seller.
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