Buyer’s Right Against Seller

The Sale of Goods Act, 1930 provides for the buyer’s right against the seller in case of breach of contract of sale.

The Sale of Goods Act, 1930 provides for the buyer’s right against the seller in case of breach of contract of sale. The buyer has the right to reject the goods, claim damages, sue for specific performance, sue for breach of warranty, and claim interest. These rights ensure that the buyer has a means of enforcing the contract and recovering any losses suffered as a result of the seller’s breach.

Rights of the buyer against the seller:

• Right to reject the goods: If the goods do not conform to the contract of sale, the buyer has the right to reject them. The buyer must give notice of rejection to the seller within a reasonable time after receiving the goods.
• Right to claim damages: The buyer can claim damages from the seller for any loss suffered as a result of the seller’s breach of contract. This includes loss of profit, expenses incurred in returning the goods, and any other losses arising from the breach.
• Right to sue for specific performance: If the goods are unique or not readily available in the market, the buyer can sue the seller for specific performance. This means that the court can order the seller to deliver the specific goods as per the contract.
• Right to sue for breach of warranty: If the goods are not of satisfactory quality, fit for purpose or as described by the seller, the buyer can sue the seller for breach of warranty. This means that the seller is liable for any loss suffered by the buyer as a result of the breach.
• Right to claim interest: If the contract of sale provides for the payment of interest on the price, or if the buyer has given notice of their intention to claim interest, the buyer can claim interest on the price from the due date of payment.

In addition to these rights, the buyer also has the right to inspect the goods before accepting them, and to take delivery of the goods as per the contract. The buyer must also pay the price of the goods as per the contract, unless there is a valid reason for withholding payment.