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Atiyah: Sale of Goods Note: Cases linked in the text on the right are either to BAILII reports (where available) or the Wikipedia reference. Contract Text Contents 5. Title and Passing of Property 8. Performance of the Contract 11. Articles on Sale of Goods and Contract issues 12. Drafting Sale Contracts and specimen sale contract
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Recent Case Law Cases on Sale of Goods and Contract 2009 - 2000
Statutes Sale and Supply of Goods Act 1994The Sale and Supply of Goods to Consumers Regulations 2002 Unfair Contract terms Act 1977 Part III Hire Purchase Act 1964: ss.27 - 29. Companion Volume
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10. Remedies of the Buyer For a detailed review / revision of Remedies for Breach of Contract see: Below is a summary of the main remeies of the buyer. For a detailed analysis please review Contract Remedies 10.1 Express terms (a) Condition The buyer enjoys the election to affirm the contract and claim damages or accept the repudiatory breach, treat the contract as at an end and claim damages. (b) Innominate Term Ex Post Consequences of Breach Test If the breach is serious the court will treat the breach as a breach of condition. If the breach is not serious the court will treat the breach as a breach of warranty. (c) Warranty The remedy for breach of warranty is damages. 10.2 Breach of Implied Term Buyer has not accepted Goods (ss.34/35 11(4)) 1. Rejection (See s.36) 2. Money Back [Q/Ct; Restitution] s.54 3. Damages: Non Delivery s.51 4. Damages for breach of Warranty s.53 5. Damages for special loss Buyer has accepted Goods (s.11(4)) 1. Cannot Reject (s.11(4)) 2. Damages :for breach of Warranty s.53 The buyer may bring action for Specific Performance s.52
10.3 Misrepresentation Fraudulent - Rescission and Damages Negligent - Rescission and Damages Innocent - Rescission OR Damages For a detailed analysis please refer to Contract Misrepresentation
10.4 Negligence Donoghue v Stevenson Junior Books v Veitchi Simaan General Contracting Co v Pilkington Glass Ltd (1988) 2 WLR 761 10.5 Consumer Protection Act 1987 For a detailed analysis please refer to Contract Product Liability
10.7 Damages for Non-Delivery For a detailed review / revision of Remedies for Breach of Contract see: s.51, (1)(2)(3) SOGA 1979 "(1) Where the seller wrongfully neglects or refuses to deliver the goods to the buyer, the buyer may maintain an action against the seller for damages for non-delivery. (2) The measure of damages is the estimated loss directly and naturally resulting, in the ordinary course of events, from the seller's breach of contract. (3) Where there is an available market for the goods in question the measure of damages is prima facie to be ascertained by the difference between the contract price and the market or current price of the goods at the time or times when they ought to have been delivered or (if no time was fixed) then at the time of the refusal to deliver." Similar points as arose in connection with the seller's claim under s.50 apply in the context of the buyer's remedy under s.51. These are not rehearsed here. Loss of profits may be claimed under the rule in Hall v Pim where the buyer is able to prove that the seller knew at the time of contracting that the buyer definitely intended to resell - (the identical items (?) is this the point of distinction between Hall v Pim and Williams v Agius ?) While there is no provision in the statute regarding delay in delivery the measure of damages, if the buyer accepts late delivery will be the difference between the contract price and the value of the goods at the time of late delivery. The buyer will, of course, have to pay the price. 10.8 Damages for breach of warranty For a detailed review / revision of Remedies for Breach of Contract see: s.53 "(1) Where there is a breach of warranty by the seller, or where the buyer elects (or is compelled) to treat any breach of condition on the part of the seller as a breach of warranty, the buyer is not by reason only of such breach of warranty entitled to reject the goods but he may - (a) set up against the seller the breach of warranty in diminution or extinction of the price, or (b) maintain an action against the seller for damages for breach of warranty. (2) The measure of damages for breach of warranty is the estimated loss directly and naturally resulting, in the ordinary course of events, from the breach of warranty. (3) In the case of breach of warranty of quality such loss is prima facie the difference between the value of the goods at the time of delivery to the buyer and the value they would have had if they had fulfilled the warranty. (4) The fact that the buyer has set up the breach of warranty in diminution or extinction of the price does not prevent him from maintaining an action for the same breach of warranty if he has suffered further damage.
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