due to market fluctuations. Accordingly, in contracts for the sale of goods, the damages awarded to the buyer where the seller fails to deliver or to the seller where the buyer wrongly refuses to take delivery may have to take into account the difference between the contract price and the market price for the goods in question, provided there is an available market: Sale of Goods Act 1979

doi:10.4324/9781843141518-270

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ABSTRACT

These provisions raise the question, what is an available market? If there is no such market, the loss suffered by the innocent party must be assessed on the basis of that which directly and naturally results from the breach of contract, in the ordinary course of events.