Victorian Consolidated Legislation

Goods Act 1958 - SECT 57

Damages for non-delivery

57. Damages for non-delivery



(1) Where the seller wrongfully neglects or refuses to deliver the goods to
the buyer the buyer may maintain an action against the seller for damages for
non-delivery.

(2) The measure of damages is the estimated loss directly and naturally
resulting in the ordinary course of events from the seller'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 of the goods at the time or
times when they ought to have been delivered, or if no time was fixed then at
the time of the refusal to deliver.