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Section 61: Seller's remedy when buyer refuses goods or services

61.Action for non-acceptance

(1)Where the buyer wrongfully neglects or refuses to accept and pay for the goods, the seller may bring an action against the buyer for damages for non-acceptance.

(2)The measure of damages is the difference between the contract price and the market or current price at the time when the goods ought to have been accepted, or, if no time was fixed for acceptance, then at the time of the refusal to accept.

(3)Where the measure of damages provided in subsection (2) is inadequate to put the seller in as good a position as performance would have done, then the measure of damages is the profit, including reasonable overhead, which the seller would have made from full performance by the buyer, together with any incidental damages, due allowance being made for reasonably incurred and due credit being given for payments or proceeds of resale.

(4)Where the buyer wrongfully neglects or refuses to accept and pay for the service, the suppliers may bring an action against the buyer for damages for non-acceptance.

Plain English Summary

If a buyer wrongfully refuses to accept and pay for goods you sold, you as a seller can take them to court for damages. The standard measure of damage...

AI-generated, for reference only.

🔍Search Tips
  • • Search by keyword: "land", "tax", "arrest"
  • • Use exact phrases: "land commission"
  • • Enter citations: 45, 45(3)(a), 45:3:a
  • • Press / to search, Esc to close

Searching within Sale of Goods and Supply of Services Act. Faster results.