Part 2: Commercial Rights Remedies Flashcards
1
Q
In relation to business to business contracts, where are remedies found?
A
Sale of Goods Act 1979
Seller will be in breach of contract if they do not comply with their obligations created by express or implied terms.
Two main remedies:
1. Reject the goods and get refund of the price
2. Claim damages for loss caused by breach of contract
If breach of any of the implied terms - then may be able to reject goods - within a reasonable time.
If breach is small - then may only be entitled to damages.
If breach of express term is serious - then may be able reject goods and terminate contract.
However, they loss the right to reject goods if they have accepted them. They can then only accept damages.
