Xpert
11-30-2011, 07:38 PM
Remedies for buyer
Q. What remedies has the buyer of goods against the seller, where the latter has been guilty of breach of contract. (2002)
1. Introduction:
The right and duties of buyer & seller have been determined under ‘sales of goods act’ if any party to the contract of sales of goods act commits breach of contract, the other party has right against that party who commits the breach.
3. Remedies of buyer:
Buyer has the following remedies in case of breach of contract.
(I) Suit for damages for non delivery:
According to sec. 57
(II) Suit for specific performance:
According to Sec. 58
Case law
PLD 1998 Kar 1
(III) Suit for damages for warranty:
According to Sec 59.
Case law
P.L.D 1973 Kar. 361
(a) Set up against the seller the breach of warranty in diminution or extinction of the price, or
(b) Sue the seller for breach warranty.
(IV) Suit for cancellation and damages for breach of condition:
Where there is breach of condition by the seller, the buyer can avoid the contract and claim damages.
(V) Suit for recovery of price with interest:
According to sec 61.
“If the buyer has already paid the price to the seller and the seller does not deliver the goods to the buyer he can sue the seller for the refund of the price and also interest at reasonable rate.
Case law
1980 CLC 1734
It was held where the price is not determined in accordance with the foregoing provisions, the buyer shall pay the seller a reasonable price. What is reasonable price. What is reasonable price is question of fact dependent on the circumstance of each case.
4. Conclusion:
To conclusion it can be said that, sales of goods act 1930 provides different types of remedies to the parties to the contract. If any party violates the terms and conditions of the contract other party has right against that party.
Q. What remedies has the buyer of goods against the seller, where the latter has been guilty of breach of contract. (2002)
1. Introduction:
The right and duties of buyer & seller have been determined under ‘sales of goods act’ if any party to the contract of sales of goods act commits breach of contract, the other party has right against that party who commits the breach.
3. Remedies of buyer:
Buyer has the following remedies in case of breach of contract.
(I) Suit for damages for non delivery:
According to sec. 57
(II) Suit for specific performance:
According to Sec. 58
Case law
PLD 1998 Kar 1
(III) Suit for damages for warranty:
According to Sec 59.
Case law
P.L.D 1973 Kar. 361
(a) Set up against the seller the breach of warranty in diminution or extinction of the price, or
(b) Sue the seller for breach warranty.
(IV) Suit for cancellation and damages for breach of condition:
Where there is breach of condition by the seller, the buyer can avoid the contract and claim damages.
(V) Suit for recovery of price with interest:
According to sec 61.
“If the buyer has already paid the price to the seller and the seller does not deliver the goods to the buyer he can sue the seller for the refund of the price and also interest at reasonable rate.
Case law
1980 CLC 1734
It was held where the price is not determined in accordance with the foregoing provisions, the buyer shall pay the seller a reasonable price. What is reasonable price. What is reasonable price is question of fact dependent on the circumstance of each case.
4. Conclusion:
To conclusion it can be said that, sales of goods act 1930 provides different types of remedies to the parties to the contract. If any party violates the terms and conditions of the contract other party has right against that party.