Wednesday, March 31, 2010

Remedies for Breach of Sale of Goods Contract

This post will be a short one as I'm rushing for an event today, thus, as below;

In the every contract, there are breaches and things that tells the beyond the limits of a contract. The stepping of across the border of contract will lead to a simple fact, that is the contract being cancelled. So pay attention in the remedies below

Remedies for Sellers
1. Rights of unpaid sellers
  • in case the goods are not yet delivered
  • in case the goods are in the process of delivery
  • in case the good have been delivered
2. Rights to sue for breach of contract

Remedies of Buyers
1. Rights to sue for damages for non-delivery
2. Rights to sue for specific performance
3. Remedies for breach of warranty (compensation)
4. Rights to sue under law of tort
  • Detinue - an old commonlaw form of action to recover possession of personal property wrongfully detained
  • Conversion -
    a. unauthorized assumption and exercise of rights of ownership over personal property belonging to another.
    b. change from realty into personalty, or vice versa, as in the sale or purchase of land or mining coal.

For more information and more in-depth details of breach of contract, kindly refer to this link.

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