ABSTRACT

When the buyer is entitled to, and does, reject the goods, he is entitled to recover any of the price already paid. In addition to rejecting the goods, and irrespective of whether repayment of the price is claimed, the buyer may bring a claim for damages for:

storage expenses if any; and non-delivery. Damages

Damages for non-delivery

It is assumed that the buyer goes on to the market and buys replacement goods immediately on the day the seller should have delivered and failed to do so. Thus, the prima facie measure of damages is X-Y,

where: X = the market price on the date when the seller should

have delivered the goods; and Y = the contract price.