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11 The Remedies of the Seller and the Buyer I

From: The Sale of Goods (4th Edition)

M G Bridge

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved.date: 16 January 2021

Subject(s):
Remedies for breach of contract

This chapter deals with the remedies of seller and buyer other than termination. It focuses on remedies other than damages. The seller has a number of real remedies that can be exercised against the contract goods. These are listed in the Sale of Goods Act as the unpaid seller's lien, or right to withhold delivery where the property has not yet passed, the right of stoppage in transit, and the right of resale. The seller may also sue in debt for the price of the goods if the appropriate conditions are met; unlike the buyer's claim to specific performance, the subject of a discretionary award, the seller's claim is granted as of right in those cases where the seller meets the requirements of the Act. A buyer who has paid the price for goods that the seller does not deliver, or that are delivered and rightly rejected, will wish to recover the price as on a total failure of consideration. Specific performance is also available in exceptional cases, usually to a buyer in lieu of damages for non-delivery.

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