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12 The Remedies of the Seller and the Buyer II

From: The Sale of Goods (4th Edition)

M G Bridge

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 01 February 2023

Damages and contract — Remedies for breach of contract — Delivery and damages

This chapter continues the discussion in Chapter 11 on the remedies of seller and buyer other than termination, focusing on damages. Where an action for the price is not available or is not pursued by the seller, the seller has instead an action against the buyer for damages for non-acceptance. There is also an action for special or consequential damages in appropriate cases. In the case of the buyer, a right to damages may arise for non-delivery or for late delivery, or because the goods delivered fail to conform to the standard set by the express or implied terms of the contract. In addition to the normal damages due on such an event, the facts of the case may disclose a claim to special or consequential damages.

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