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Remedies of the Buyer (Damages for breach of Warranty (loss (special or…

- - - - contemplation only if made known of those consequence at time of enteringn contract
  - - - value at time of delivery - value if they had conformed
      - seller knew they were for resale without examination by B
        
        valuation = date of delivery to sub buyer
- - - - if not - only damages
  - - - express agreement
      - implied - trade usage or prev course of conduct
- - - - commits anticipatory breach
        
        repudiation
  - - - B = action for damages
        
        measure; loss dir and natureally resulting from breach in ordinary course of events
        
        available market
        
        cont price - market price at time ought to be delivered or where no date, when refused to be delivered
      - not wrongful if B indicates he will not pay (delivery and payment concurrent case)
      - non delivery where delivered goods not in accordance with contract
      - late delivery = non delivery- refuse to accept :check:
      - damages for late delivery - accepted it or obliged to accept :unlock:
        
        Hedley v Baxendale
        
        goods bought for own use
        
        loss suffered as result of breach
        
        market price at date of delivery being due - date actually delivered (only if loss)
        
        bought for resale
        
        price of market less at actual date of delivery
        
        compensation
        
        market price at date of delivery being due - date actually delivered (only if loss)
        
        market price at date of delivery being due - price actually sold for
        
        available market
        
        contract price - market price at time of ought to be delivered or refusal to deliver
        
        no market - dir and natural loss from breach
        
        no compensation from profit he expected to make
        
        seller knew or ought to have foreseen purpose of B was resale :check:
        
        unless all these present
        
        parties had contemplated B going resell and seller known B would sustain loss in case of non delivery
        
        resale contract made for exact same goods that were to be supplied
        
        resale contract made before delivery due date
        
        resale cont in accordance with market
    - - price under contract - he had to pay to buy from market
      - market price = date of breach
      - buys or sells after date of breach - loss or profit his own
- - - - without giving option to Def to retain goods on payment of damages
      - claim made any time before judgement or decree
      - judgement or decree may be unconditional or on such terms and conditions as to damages, payment of the price and otherwise as seem just to court
      - usually where alternative remedy not adequate
      - usually where B has property not possession
- - - - acceptance in whole or in part - warranty breach only
    - - imitates to seller he accepted
        
        signs delivery or acceptance note
      - acts inconsistently with ownership of seller
      - not prev examined - not accepted until reasonable opportunity to examine them for purpose of finding if they are in conformity and compare to bulk
      - retains goods after lapse of reasonable amount of time without notice of rejection to seller
        
        Q of fact
        
        reasonable opportunity to examine had?
        
        reasonable opportunity to examine them
      - not :no_entry:accepted where agrees to repair by/under arrangement with seller
        
        complaining :no_entry:rejection
        
        lengthy periods of unsatisfactory repairs :check:rejection
      - goods delivered to another for sub sale :no_entry:acceptance
        
        time to resell :check:time for ultimate purchaser would check conformity :check:
      - can be excluded by agreement - fairness test under UCTA
    - - not immediately apparent