SOGA provide remedies for both parties buyer and seller while CPA provide remedies only

to the buyer which is consumers.

There are few remedies according to SOGA 1957 that the buyer has against the seller when
there is breach of implied term which can be divided into 2 categories:

1) When there is a breach of condition, a buyer has the right to treat the contract as
void,
2) Whereas if it is a breach of warranty, the buyer will have the right to claim for
damages.

Additional remedy:

3) Another additional remedy would be the right to specific performance conferred by

the Specific Relief Act 1950.

1) Right to repudiate the contract

According to the Section 12(2) of the SOGA 1957, the contract can be treat as void if there is
any breach of condition. However, we may need to depend on Contract Law because in
SOGA 1957 it does not provide the manner and effects if the contracts treat as void which we
can based on Section 76 of Contracts Act 1950 that “Party rightfully rescinding contract is
entitled to compensation” which mean that the buyer may claim for damages to the seller
because the contract had not been fulfilled by the seller and cause injuries to the buyer. Based
on the Section 43 of SOGA 1957, the buyer does not bound to return the rejected goods when
the contract is voided even though he refuses to accept because the goods is damaged.
Therefore, both parties which is the seller and buyer are discharged from further obligations
to perform the contract. The buyer has the option to waive the condition or can choose to treat
the breach of condition as a breach of warranty. However, by apply this option the buyer may
claim damages only when void the contract which will be discuss further on the right to claim
for damages.
B) Right to Claim Damages

The right of buyer to claim for damages if there is any breach only restrict to breach of
warranty. Besides the normal breach warranty, the buyers can also choose to treat a breach of
condition as breach of warranty as we mentioned in the ‘Right to repudiate the contract’
according to the S. 13 SOGA which we can relate to the case of Associated Metal Smelters v
Tham Cheow Toh. In general, the buyer can only claim for damages but not have the right to
reject the goods or revoke the contract in breach of warranty. Under S. 59 SOGA there is
specific remedies for breach of warranty. Based on S. 59(1) SOGA, the buyer may set up
against the seller the breach:

1) The seller may reduce or charge the goods for free

2) The buyer can sue the seller for the damages the seller breach in

The buyer still can claim for further damage that he/she suffered even though the buyer
already set up a breach of warranty which is reduce the price of the goods according to the S.
59 SOGA which we can relate to the case of Lee Heng v Melchers. Nevertheless, there are
additional remedy under S. 57 SOGA where the buyer can sue the seller for:

1) Damages for non-delivery goods

2) Seller wrongfully neglects
3) Refuse to deliver the goods to the buyer