- 6 Marks
Question
Under sale of goods law, the seller and buyer have obligations to each other.
Required:
Explain briefly THREE remedies available to a buyer for breach of contract terms by the seller. (6 Marks)
Answer
The following are three remedies available to a buyer when a seller breaches the contract:
- Damages:
The buyer can claim damages for any loss suffered due to the seller’s breach of contract. This remedy compensates the buyer for any financial loss incurred, such as receiving defective goods or not receiving the goods at all. - Rejection of Goods:
If the goods do not conform to the contract (e.g., they are of inferior quality or do not match the description), the buyer has the right to reject the goods and refuse to accept them. The buyer may also return the goods if they have already been delivered. - Specific Performance:
In some cases, the buyer can seek an order of specific performance, compelling the seller to fulfill their contractual obligations (i.e., delivering the correct goods). This remedy is typically used when the goods are unique or rare, and monetary compensation would not suffice.
- Tags: Breach of Contract, Buyer remedies, Remedies, Sale of Goods
- Level: Level 1
- Topic: Sale of Goods
- Series: NOV 2019
- Uploader: Dotse