JSB171 Lecture Notes - Lecture 1: Houndsditch, Helen Baxendale, Bmw M54

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Remedies of the buyer: what remedies are available to [buyer] Here, [buyer] rights are according to whether the goods have been delivered or not. Here, (goods) have/n"t been delivered: if not delivered: Here, [goods] were defective and [buyer] rejected them. He/she the repurchased as a higher price; whether he/she can claim for the difference in the price is contained in s52 sga. Damages are assessed as the difference between the contract price and the market/current price when the goods ought to have been accepted: s52(3). Depending on whether there is a current market; whether there is, is decided at the time and place of for delivery and the onus lies with [seller] as seller: waugh v harper. Here, (buyer) has refused to repurchase from (seller), damages obtained must be reduced by the amount to which the seller"s offer would have mitigated the buyer"s loss.

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