Rights Of the Buyer

So far, we have discussed the rights of the seller. But there are certain rights of the buyer as well in case there is a breach of contract by the seller. The buyer has the following rights:




1. Suit for damages for non-delivery: When the buyer is ready and willing to take the delivery of the goods but the seller wrongfully neglects or refuse to deliver the goods to the buyer, in such cases the buyer may sue the seller for damages for non-delivery (Section 57).

2. Suit for specific performance: In a contract of sale of ascertained or specific goods, if the seller fails to deliver the goods, the buyer may file a suit for specific performance. The court may then order for the specific performance. The court shall pass such order in those cases only where the damages are not a suitable remedy or the goods are of a unique nature. For example, A agreed to sell a rare painting to B for Rs. 20,000. Later on, A refused to perform his promise. B may ask the court for granting an order directing A to specifically perform his promise.

3. Suit for breach of warranty: Where there is a breach of warranty by the seller, or in case where the breach of condition on the part of the seller is to be treated as a breach of warranty, the buyer can claim damages from the seller for such breach. If the buyer has already paid the price, his only remedy is to sue for damages.

4. Repudiation of contract before due date: Just as the seller has a right against the buyer, the buyer also has a similar right against the seller. Thus, if the seller repudiates the contract, the buyer has the option to treat the contract as repudiated and claim damages or he may keep the contract open till the date of delivery of goods.

5. Suit for interest: If the price has already been paid by the buyer and the seller fails to deliver the goods on due date, the buyer has a right to sue for interest on the amount of the price. The interest will be calculated from the date on which the price was paid. But you must remember that the buyer can claim interest only when he has a right to recover the price, i.e., he cannot claim interest when his only remedy is to claim damages.

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