Buyer B2B Remedies

Question 1

What are the three main B2B remedies for buyers?

Answer 1

1. Rejection
2. Damages
3. Specific Performance

Question 2

Which laws concern rejection? (6)

Answer 2

S15A - breach so slight

s34 - reasonable time to examine

s35(2) - if no reasonable time to examine, no acceptance

s35 (4) - acceptance = retain beyond reasonable time

s35(6) - no acceptance where agreement to repair

s35(1) - when acceptance takes place

Question 3

when does buyer lose right to reject? Law?

Answer 3

when breach so slight it would be unreasonable fo rB to reject

Question 4

s34?

Answer 4

B must be given reasonable time to examine goods

if not, no acceptance (s35(2))

Question 5

When does accpetance take place? law?

Answer 5

s35(1)

a. intimates to trader c has accepted
b. acts in relation to goods in way which is inconsistent with traders ownership

Question 6

Which cases concern retaining good beyond reasonable time? (2)

Answer 6

Jones v Gallagher - keeping kitchen goods for 17 months after delivery deemed to be acceptance

Douglas v Glenvarigill - reasonable retention period extended where latent defects

Question 7

What are the damages available to buyer in B2B contracts?

Answer 7

damages for non-delivery

damages for late delivery

Question 8

What two laws concern non-delivery?

Answer 8

s51(2) - measures loss arising directly and naturally from breach

s51(3) - damages measured by calculating difference between contract price and market price

Question 9

Which case concerns late delivery?

Answer 9

Hadley v Baxendale

Question 10

which law concerns specific performance?

Answer 10

s 52