When a seller is in breach of a sale of goods

contract, the remedies available to a buyer of good

are as follows:
1. Damages for non delivery Where the seller
wrongfully neglects or refuses to deliver the goods to
the buyer, the buyer may sue him for damages for
non delivery.
Action for specific performance:
2. The buyer may bring an action for the specific
performance of the contract by the delivery of
specific or delivery goods
• The remedy is given at the discretion of the courts,
the usual conditions will have to be of a special
kind such as a valuable painting. Specific
performance if granted may be unconditional or
made upon such terms and conditions as to
damages, payment of the price or otherwise as the
may may deem just.
• Remedy for breach of warrant.
• Action is tort
• Conditions has been defined in Section12(3) of
the SLGA 1957 as a stipulation collateral to main
purpose of a contract of sale, the breach of
which gives rise to claim for damaged but not a
right to reject the goods and teat the contract as
repudiated.
• Warranty may be expressed or implied
• S14 LAYS DOWN AN IMPLIED CONDITIONS AND
UNDERTAKING AS TO TITLE OF THE GOODS:
BUTERWORTH V KINGSWAY MOTORS
TERMS OF CONTRACT
CONTIONS: entitles the buyer to repudiate
the contract.
But the innocent buyer cannot repudiate the
contract but only claim damages.
For example where the buyer waives the
condition as breach of warranty and claims
damages
the contract is for specific goods the property
in which has passed to the buyer, the breach
of any condition must be accepted as a
breach of warranty.
 • Where the buyer waives the conditions
Where the buyer elects to treat the breach
of conditions as a breach of condition as a
breach of warranty and claims damages only.
Where the contract of sale is not
severable and the buyer has accepted the
goods or part thereof, the breach of any
condition must be accepted as breach of
warranty
WARRANTY

A warranty is a stipulation collateral to the

main purpose of the contract.
Section 12(3) SGA 1957 – no right to
reject the good but claim damages
STIPULATION

•
Section 11SGA1957- explains that unless
the contract specially states that time of
payment shall be essence of the contract
Implied Conditions as to Titles

A breach of this condition entitles the buyer to

repudiate the contract, i.e, to treat the
contract as at end and recover the price in full
even though he has used the goods
Implied Warranty that the Buyer shall
have and Enjoy Quiet Possession of the
goods

Section 14(b) SGA 1957 states the in a

contract of sale unless the circumstances of
the contract are such as to show a different
intention, there is implied warrantly that the
buyer shall have enjoy quiet possession.
Section Warranty that the Goods are
Unencumbered
Section 14(c) OF SOGA 1957 reads
In a contract of sale, unless the
circumstances of the contract are such as to
show a different intention, there is
( c) an implied warranty that the goods shall
be free from any change or embumbrance in
favour of third party not declared or known to
the buyer or at the time when the contract is
made
 Goods must be reasonably fit for purposes
for which the buyer wants them.
In short as a general rule there is no
implied warranty or condtions as to the
quality or finess of any particular purpose of
goods supplied under a contract of sale.
There are two exception to it: i) Goods must
be reasonable fit for purposes for which the
buyer wants them
Goods must be merchantible quality
Case study
Kamalanathan Ratnam J: “ In section
16SOGA there would an implied condtion
that the goods purchased shall be
reasonablly fit for the purpose to which it was
acquired. There are four conditions as
follows:
a). the buyer must make known to the seller
the particular purpose for whichl the goods
are required.
b) it must be shown that there was reliance
by the buyer on the seller's skill suitable to
the buyer
CONT:

Part (c ) states that the goods must be of a

description which it is in the course of seller's
business to supply ; and if the goods are
specific, they must not be sold under their
patent or trade name.........
DELIVERY
It is the duty of the seller to deliver the goods whilst
the buyer's duty is to accept and pay for them in
accordance with the terms of the contract of slae:
Section 31SOGA 1957.
Section 32 SOGAQ 1957 goes on to say that
unless otherwise agreed, delivery of the goods and
payment of the price are concurrent conditions.
This means that seller shall be ready and willing to
give posssession of the goods to the buyer in
exchange for the price
Definition of delivery

It means voluntary transfer of possession

from one person to another. Each delivery
need not involve physical transfers.
PLACE OF DELIVERY

Whether the seller is required to send the

goods to has to send or the buyer has to take
possession of the goods depends on what
has been agreed between them: Section
36(1)SOGA 1957
Time of delivery

Where under the contract of sale of slae the

seller is bound to send the goods to the
buyer, but no time for sending them is fixed,
the seller is bound to send them within
reasonable time
Delivery of wrong quantity

Where the sellders delivers to the buyer a

quantity of goods less than that which he
contracted to sell, the buyer may reject all the
goods so delivered. If the buyer accepts the
goods so delivered, he is bound to pay for
them at the contract rate: Section 37 SOGA
1957
Miss Way Way of Hotel Anson has
ordered chairs from Korea. A sample and
exact decription was sent to her. Having
read the prospectus and physical
inspection was made, 300 suite chairs
were ordered. But the goods supplied to
the restaurant did not comply to the
sample, and the goods delivered at a later
date thus violating the agreement.

Advise Miss Way Way