Sponsored Links


Results 1 to 1 of 1

Thread: What remedies has the buyer of goods against the seller

  1. #1
    Administrator Xpert's Avatar
    Join Date
    May 2010
    Location
    Jhelum
    Posts
    6,217

    Moodle What remedies has the buyer of goods against the seller

    Sponsored Links


    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.

    Sponsored Links
    Attached Files Attached Files

  2. Sponsored Links

Thread Information

Users Browsing this Thread

There are currently 1 users browsing this thread. (0 members and 1 guests)

Similar Threads

  1. Replies: 1
    Last Post: 11-04-2014, 05:21 PM
  2. TCS Who pays duty on goods
    By Xpert in forum Questions & Answers
    Replies: 0
    Last Post: 12-13-2013, 01:40 AM
  3. What are prompt and deferred dowers what remedies are available to the wife.
    By vustudents in forum Islamic Personal Law LLB Part 2
    Replies: 0
    Last Post: 09-03-2012, 08:47 PM
  4. What are the rules as to delivery of goods?
    By Xpert in forum Sales of goods act 1930
    Replies: 2
    Last Post: 09-01-2012, 08:16 PM
  5. Replies: 0
    Last Post: 08-02-2012, 04:19 PM

Tags for this Thread

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
-: Vuhelp Disclaimer :-
None of the files shown here are hosted or transmitted by this server. The links are provided solely by this site's users. The administrator's or staff of Vuhelp.net cannot be held responsible for what its users post, or any other actions of its users. You may not use this site to distribute or download any material when you do not have the legal rights to do so. It is your own responsibility to adhere to these terms. If you have any doubts about legality of content or you have any suspicions, feel free to contact us.
Online Education | JhelumSoft