Victorian Consolidated Legislation

Goods Act 1958 - SECT 56

Damages for non-acceptance

56. 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 him 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.

Remedies of the Buyer