SALE OF GOODS.
No. 4 of 1896.
697
contract shall be performed specifically, without giving the defendant the option of retaining the goods on payment of damages. The judgment may be unconditional, or on such terms and conditions as to damages, payment of the price, and otherwise, as to the court may seem just. The application by the plaintiff may be made at any time before judgment.
BREACH OF WARRANTY.
53.-(1) Where there is a breach of warranty by the seller, Remedies for or where the buyer elects, or is compelled, to treat any breach of a 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 the 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 primâ 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 answered to 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.
DAMAGES.
54. Nothing in this Ordinance shall affect the right of Interest and the buyer or the seller to recover interest or special damages special in any case where by law interest or special damages may be recoverable, or to recover money paid where the consideration for the payment of it has failed.
PART VI.
SUPPLEMENTARY.
TERMS AND
55. Where any right, duty, or liability would arise Exclusion under a contract of sale by implication of law, it may be of implied negatived or varied by express agreement or by the course conditions. of dealing between the parties, or by usage, if the usage be such as to bind both parties to the contract.
SALE OF GOODS.
No. 4 of 1896.
697
contract shall be performed specifically, without giving the defendant the option of retaining the goods on payment of damages. The judgment may be unconditional, or on such terms and conditions as to damages, payment of the price, and otherwise, as to the court may seem just. The applica- tion by the plaintiff may be made at any time before judgment.
breach of warranty.
53.-(1) Where there is a breach of warranty by the seller, Remedies for or where the buyer elects, or is compelled, to treat any breach of a 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 the breach of warranty.
(2) The measures 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 primâ 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 answered to 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.
damages.
54. Nothing in this Ordinance shall affect the right of Interest and the buyer or the seller to recover interest or special damages special in any case where by law interest or special damages may be recoverable, or to recover money paid where the con- sideration for the payment of it has failed.
PART VI.
SUPPLEMENTARY,
terms and
55. Where any right, duty, or liability would arise Exclusion under a contract of sale by implication of law, it may be of implied negatived or varied by express agreement or by the course conditions. of dealing between the parties, or by usage, if the usage be such as to bind both parties to the contract.
No comments yet.
Private notes are available after approval.