The remedies of the buyer

Date: 2015-10-07; view: 474.

Remedies Against the Buyer

Repossession of Goods

a. If the seller has reserved title to the goods until the contract price, or any other debt owing to him by the buyer is paid, then he may re-possess the goods if the buyer, being a company, goes into liquidation or receivership.

b. The right to re-possess from a buyer who is a private individual would arise:

i. If he were adjudged bankrupt, or

ii. If it were intimated in some other way that the goods would not be paid for.

The above remedies are all enforced against the goods. The remedies against the buyer are:

a. An action for the contract price, provided the property in the goods has passed to the buyer.

b. An action for non-acceptance. In an action for damages for non-acceptance, where there is an available market the measure of damages is the difference between the contract price and the market price on the date fixed for acceptance, or if no date was fixed, at the time of refusal to accept.

The buyer may:

a. Sue for non-delivery. In an action for damages for non-delivery, where there is an available market the measure of damages is the difference between the contract price and the market price on the date fixed for delivery, or if no date was fixed, at the time of refusal to deliver.

b. Sue to recover any money paid to the seller.

c. Repudiate the contract for breach of a condition by the seller, unless he has waived the breach, and elected to treat it as a breach of warranty or the contract is non-severable and he has accepted the goods or part of them.

d. In respect of a breach of warranty set up the loss in diminution of the price, or sue for damages.

e. Sue for specific performance. This equitable remedy is at the discretion of the court and will not normally be granted when damages are an adequate remedy. The goods will need to be specific and not readily available elsewhere in the market. The remedy is appropriate for goods which have a special value or which are unique, for example a classic car or a painting.

Ex. 1. Fill in the gaps in passages A and B with the correct words from the boxes. Change grammar forms where necessary.

A.