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bruneilawsby aturio
In force1999 Revised Edition
Contents

Part VI

Section 54

In plain English

If the seller breaks a warranty, the buyer cannot reject the goods for that reason alone. The buyer may instead use the breach to lower or cancel the price, or sue for damages. Damages are the estimated loss that directly and naturally results from the breach. Lowering the price does not stop the buyer from suing for further damage.

Summary · Drafted with AI, checked against the official text on 30 Sep 2026.

(1)

Where there is a breach of warranty by the seller, or where the buyer elects (or is compelled) to treat any breach of a condition on the part of the seller as a breach of warranty, the buyer is not by reason only of such breach or warranty entitled to reject the goods; but he may -

(a)

set up against the seller the breach of warranty in diminution or extinction of the price; or

(b)

maintain an action against the seller for damages for the breach of warranty.

Specific perfonnance

Remedyfor breachof warranty

32

Sale of Goods

Interest etc.

Exclusionof impliedterms

Auction sales

(2)

The measure of damages for breach of warranty is the estimated loss directly and naturally resulting, in the ordinary course of events, from the breach of warranty.

(3)

In the case of breach of warranty of quality such loss isprima facie the difference between the value of the goods at the time of delivery to the buyer and the value they would have had if they had fulfilled the warranty.

(4)

The fact that the buyer has set up the breach of warranty in diminution or extinction of the price does not prevent him from maintaining an action for the same breach of warranty if he has suffered further damage.

Report

Read on from s 55

Part VII

Supplement Ary

Read on from Part VII