SALE OF GOODS ACT 1923 - SECT 52
Damages for non-acceptance
SALE OF GOODS ACT 1923 - SECT 52
Damages for non-acceptance
52 Damages for non-acceptance
(1) Where the buyer wrongfully neglects or refuses to accept and pay for the
goods, the seller may maintain an action against the buyer for damages for
non-acceptance.
(2) The measure of damages is the estimated loss directly and
naturally resulting in the ordinary course of events from the buyer's breach
of contract.
(3) Where there is an available market for the goods in
question, the measure of damages is prima facie to be ascertained by the
difference between the contract price and the market or current price at the
time or times 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.
