Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter examines the various remedies that are available to a buyer under a contract of sale of goods where the seller is in breach of the sales contract. It considers the regime of remedies introduced by the Consumer Rights Act 2015 and discusses a range of remedies such as rejecting the goods, suing for non-delivery or late delivery of the goods, suing for damages following the seller’s breach of warranty, requiring the seller to repair or replace the goods, claiming from the seller a reduction in the price, or rescinding the contract. The chapter then explains the difference between breach of condition of the contract and breach of warranty.
Chapter
10. Remedies of the buyer
Chapter
14. Remedies of the buyer
D Fox, RJC Munday, B Soyer, AM Tettenborn, and PG Turner
This chapter, the mirror image of the previous one, focuses on the remedies of the buyer who either does not receive goods or receives a defective delivery. The topic is relatively straightforward, largely restating principles of the general law of contract in the specialised field of sale of goods. The chapter concentrates on three forms of remedy: (1) damages for non-delivery, late delivery, or breach of warranty, (2) the recovery of money paid for a consideration that has totally failed or been validly rejected, and (3) specific performance and injunctions.
Chapter
11. Delivery
This chapter covers the importance of delivery. Section 27 of the Sale of Goods Act 1979 (SGA) presents the seller's basic obligation regarding the delivery of goods, which, the chapter argues, provides great significance to the passing of property from seller to buyer. If the seller wholly fails or refuses to deliver, they are in breach of contract; this allows the buyer to claim damages for non-delivery. The chapter also considers the situation wherein the buyer may reject the delivery and repudiate the contract. It examines how the Consumer Rights Act 2015 retains certain aspects of the SGA regime for consumer buyers.
