Performance of Contract of Sale of Goods: An Unpaid Seller

Performance of Contract of Sale of Goods
The Act makes provisions as to performance of contract of sale of goods. The seller and
buyer are put in under the obligations to deliver and accept the goods and pay for them,
respectively. The Act has made the payment and delivery as the most important conditions
in the contract of sale, however, the contract under terms may provide for any contrary
effect. The provisions regarding delivery or different types thereof, are given under
subsequent provision.
An Unpaid Seller
This deals with certain rights of the seller who was not paid against the goods sold
by him. An unpaid seller can have right to lien on the goods if the goods are in his
possession and right to stopping the goods in transit in case of the insolvency of the
buyer and right to resale under the provision of this Act. Chapter 6 is important so far
as it is connected with provision on breach of contract. Section 55 speaks for suit for
price recovery. Even suits for non-accepting the delivery or non-making of delivery
can be brought. The provision of specific relief Act, 1877 for the specific performance
are applicable. Section 59 deals with breach of warranty and other provision are
connected with similar object. The last chapter i.e. Chapter 7 of the Act makes
miscellaneous provisions. Provision regarding auction sale are contained under
section 64 of the Act. Section 64A provides for addition of increased or decreased to
tax, in the contract of sale.
Suits for Breach of the Contract
Suit for price.- (1) Where under a contract of sale the property in the goods has passed to the
buyer and the buyer wrongfully neglects or refuses to pay for the goods according to the
terms of the contract, the seller may sue him for the price of the goods.
(2) Where under a contract of sale the price is payable on a day certain irrespective of
delivery and the buyer wrongfully neglects or refuses to pay such price, the seller may sue
him for the price although the property in the goods has not passed and the goods have not
been appropriated to the contract.
Damages for non-acceptance.- Where the buyer wrongfully neglects or refuses to accept
and pay for the goods, the seller may sue him for damages for non-acceptance.
Damages for non-delivery.- Where the seller wrongfully neglects or refuses to deliver the
goods to the buyer, the buyer may sue the seller for damages for non-delivery.
Specific performance.- Subject to the provisions of the Specific Relief Act, 1877, in any suit
for breach of contract to deliver specific or ascertained goods, the Court may, if it thinks fit,
one the application of the plaintiff, by its decree direct that the contract shall be performed
specifically, without giving the defendant the option of retaining the goods on payment of
damages. The decree may be unconditional, or upon such terms and conditions as to
damages, payment of the price or otherwise, as the Court may deem just, and the application
of the plaintiff may be made at any time before the decree.
Remedy for breach of warranty- (1) Where there is a breach of warranty by the seller, 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) Sue the seller for damages for breach of warranty.
(2) The fact that a buyer has set up a breach of warranty in diminution or extinction of the
price does not prevent him from suing for the same breach of warranty if he has suffered
further damage.
Repudiation of contract before due date.- Where either party to a contract of sale
repudiates the contract before the date of delivery, the other may either treat the contracts as
subsisting and wait till the date of delivery, or he may treat the contract as rescinded and use
for damages for the breach.
Interest by way of damages and special damages.- (1) Nothing in this Act shall affect the
right of the seller or the buyer to recover interest or special damages in any case whereby law
interest or special damages may be recoverable, or to recover the money paid where the
consideration for the payment of it has failed.
(2) In the absence of a contract to the contrary, the Court may award interest at such rate a it
think fit one the amount of the price-
(a) to the seller in a suit by him for the amount of the price.- from the date of the tender of the
goods or from the date on which the price was payable.
(b) to the buyer in a suit by him for the refund of the price in a case of a breach of the
contract on the part of the seller- from the date on which the payment was made.

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Performance of Contract of Sale of Goods

Suits for Breach of the Contract

(b) Sue the seller for damages for breach of warranty.

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