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Remedies of the Buyer

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Queensland University of Technology

REMEDIES OF THE BUYER 1. 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. 2. IF NOT DELIVERED: DAMAGES FOR NON-DELIVERY 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. IF there is a market: Here, _____. IF buyer refuses to repurchase from seller: 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. If seller’s offer was only by way of compromise, buyer at liberty to reject (Houndsditch Warehouse Co v Waltex Ltd). IF there is no available market: Here, there is no available market for (goods) and therefore s52(2) will apply; and (buyer) will have an action against (Seller) for the non-delivery being measured as the loss directly and naturally resulting in the ordinary course of event. Here, _________. Here, damages will be _________. • Reasonably in the contemplation of both parties, at the time they made the contract, as the probable result of the breach of it: Hadley v Baxendale • There was no available market and the defendant was ordered to pay the cost of the goods as well as there importation: Hasell v Bagot • Buyer lost opportunity to resell and thus lost profit; (seller) will not be liable for the loss of (buyer)’s profits; UNLESS (seller) KNEW it was to be resold (i.e. if it was specific) because then it would be in contemplation of both parties: Kwei Tek 3. IF DELIVERED:
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