ABSTRACT

This chapter is intended to discuss what remedies may be available to either the buyer or the seller if the other party breaks the contract. The positions of buyer and seller in a contract of sale are not, of course, symmetrical; the seller’s obligation is to deliver the goods and the buyer’s obligation is to pay the price. The failure of the seller to deliver the goods or to deliver goods of the right quality and so on will have different results from the failure of the buyer to pay the price, and may call for some difference in remedies. Nevertheless, the remedies available to the parties do derive very largely from the general law of contract and it seems more convenient, therefore, to approach the problem first by considering the general principles and then by considering how the position of the buyer and seller may differ.