Remedies Available to the Aggrieved Party
In case of the breach of contract for the sale of goods, the buyer or the seller as aggrieved parties have been granted some remedies as follows:
Remedies Available to the Buyer
Under Sec. 57, 58 and 59 of the Sale of Goods Act.
following remedies are open to buyer in case of the breach of contract by the seller:
(1) Bringing the Suit- If the seller gives the delivery of goods to the buyer in a faulty way, or neglects in giving delivery, the buyer could bring a suit against him for the loss or damages.
(2) Bringing Suit for Specific Performance- If the
contract of sale was undertaken for some specific thing, and the seller does not perform the contract for that, the buyer may file a suit on the seller for the performance of that specific thing.
(3) Bringing Suit for Breach of Faith- If the seller
has broken the faith or if there is any condition as breach of faith in the eyes of the buyer, and due to the breach of such faith, he can’t refuse from taking the goods; in such a situation, the following remedies are open to the buyer:
1.He may get the price of the commodity reduced, due to the breach of such promise of he has not paid the price to the seller.
2.He may bring a suit against the seller for damages if he has paid the price to the seller.
Remedies Available to the Seller
In case of the breach of contract by buyer, the seller has the following alternatives open to him:
(1) Rights of an Unpaid Seller Against the Goods.
When the property in goods has been transferred:
a.Right of lien;
b.Right of stoppage of goods in transit;
c.Right of resale.
2.When the property in goods has not been transferred: Right of withholding delivery.
(2) Rights of an Unpaid Seller Against the Buyer
personally
1.Right to sue for price;
2.Right to sue for damages.
3.Right to sue for interest.
Remedies Available to the Aggrieved Party
In case of the breach of contract for the sale of goods. the buyer or the seller as aggrieved parties have been granted some remedies as follows:
Remedies Available to the Buyer
Under Sec. 57, 58, and 59 of the Sale of Goods Act, following remedies are open to buyer in case of the breach of contract by the seller
(1) Bringing the Suit- If the seller gives the delivery of goods to the buyer in a faulty way, or neglects in giving delivery, the buyer could bring a suit against him for the loss or damages.
(2) Bringing Suit for Specific Performance- If the
contract of sale was undertaken for some specific thing, and the seller does not perform the contract for that, the buyer may file a suit on the seller for the performance of that specific thing.
(3) Bringing Suit for Breach of Faith- If the seller
has broken the faith or if there is any condition as breach of faith in the eyes of the buyer, and due to the breach of such faith, he can’t refuse from taking the goods; in such a situttion, the following remedies are open to the buyer :
1. He may get the price of the commodity re-
duced, due to the breach of such promise if he has not paid the price to the seller.
2.He may bring a suit against the seller for dam-
ages if he has paid the price to the seller.
Remedies Available to the Seller In case of the breach of contract by buyer, the seller has the following alternatives open to him:
(1). Rights of an Unpaid Seller Against the Goods.
(1) When the property in goods has been transferred:
(a) Right of lien;
(b)Right of stoppage of goods in transit;
(c)Right of resale.
2.When the property in goods has not been trans-
ferred: Right of withholding delivery.
(2) Rights of an Unpaid Seller Against the Buyer
Personally
According to Sec. 45 of the Sale of Goods Act, the seller’ is deemed to be an unpaid seller:
1. Right to sue for price;
2.Right to sue for damages;
3.Right to sue for interest.
Meaning of Unpaid Seller
1.When the whole of the price has not been paid or tendered; or
2. When a bill of exchange or any other negotiable instrument had been received as a conditional payment, and the condition on which it was received has not been fulfilled by reason of dishonour of the instrument or otherwise. Any person who has received only part payment of the goods sold by him, is also known as ‘unpaid seller’.
