Answer in 150 words. Support your answer with relevant legal provisions and judicial pronouncements:
"In breach of a sale contract, both the buyer and the seller have remedies against each other.” Discuss the statement in reference to relevant provisions of the Sale of Goods Act, 1930.
The statement is correct. The Sale of Goods Act, 1930 (SOGA), ensures remedies for both seller and buyer, safeguarding fairness in contracts of sale.
Seller’s Remedies (Sections 55–61):
- Suit for Price (S.55): If property has passed or price is fixed irrespective of delivery, the seller may sue for payment.
- Damages for Non-Acceptance (S.56): If the buyer wrongfully refuses goods, damages are recoverable, usually the difference between contract and market price.
- Repudiation (S.60): If the buyer repudiates before delivery date, the seller can treat the contract as rescinded and claim damages.
Buyer’s Remedies (Sections 57–59):
- Damages for Non-Delivery (S.57): Buyer can claim damages if the seller refuses delivery.
- Specific Performance (S.58): For specific goods, courts may order delivery, especially when goods are unique.
- Breach of Warranty (S.59): Buyer may claim damages or reduce the price, but repudiation applies only for breach of condition.
Answered By:
Sakshi Negi
Sakshi Negi is a Delhi-based journalist and content specialist with expertise in educational content and digital media, focusing particularly on government exam preparation and career guidance. With a degree in Journalism and Mass Communication from NRAI School of Mass Communication and her background as a Kendriya Vidyalaya alumna, she brings unique insights into the Indian education system and government sector opportunities.
Similar Questions
Answer in 150 words. Support your answer with relevant legal provisions and judicial pronouncements:
Under what circumstances can the appropriate government commute the sentence of death and life imprisonment for anyother punishment? Discuss.Answer in 150 words. Support your answer with relevant legal provisions and judicial pronouncements:
"Doctrine of foreseeability', not the 'proximity', is a correct test of 'remoteness'." Explain with the help of case-laws.Answer in 150 words. Support your answer with relevant legal provisions and judicial pronouncements:
Explain the principle of liability of master for the torts committed by his servant. Write case-laws.Answer in 150 words. Support your answer with relevant legal provisions and judicial pronouncements:
Describe the salient features of the Protection of Civil Rights Act, 1955.
"Homicide means killing of a human being by a human being." Explain the statement and distinguish between culpable homicide amounting to murder and not amounting to murder.
Answer in 150 words. Support your answer with relevant legal provisions and judicial pronouncements:
"The definition of 'public servant' as per the Prevention of Corruption Act, 1988 is only illustrative and not exhaustive." Comment."Right to private defence is a valuable right but it must be exercised reasonably." Explain with examples.
Discuss the law of defamation. Is this correct to say that law of defamation gives too much protection to 'reputation' and imposes too a great restriction on the freedom of speech? Comment.
"The law of torts is said to be a development of the maxim ubi jus ibi remedium." Illustrate your answer with the help of decided case-laws.
"Nuisance is no branch of negligence." Explain. Describe who can sue and who is liable for nuisance.
Important Questions from Miscellaneous
Write a note in 150 words
Mendelian and non-Mendelian traits.Write a note in 150 words
Theoretical significance of Purum kinship-system.Write a note in 150 words
Smell as a signal among non-human primates.Write a note in 150 words
Osteodontokeratik culture and its makers.Discuss the Miocene hominoid remains and their significance in evolution.
