Under the Sale of Goods Act, the seller has various remedies available in case of a breach of contract by the buyer.
These remedies are designed to protect the seller’s rights and ensure appropriate compensation.
Here is a more detailed discussion of the remedies available to the seller:
1. Right to Sue for Damages:
The seller can sue the buyer for damages resulting from the breach of contract. The damages aim to compensate the seller for any losses suffered as a direct consequence of the breach. This may include the cost of replacing the goods, loss of profit, and any additional expenses incurred.
2. Right to Recover the Price:
If the buyer fails to pay the agreed price, the seller can seek to recover the outstanding amount. The seller can sue the buyer for the unpaid price of the goods sold, along with any applicable interest as specified in the contract or under relevant laws.
3. Right to Withhold Delivery:
If the buyer breaches the contract before the goods are delivered, the seller can refuse to deliver the goods. This right applies when the buyer has repudiated the contract or is in breach of a condition that gives the seller the right to withhold delivery.
4. Right to Stop Goods in Transit:
If the goods have been dispatched but have not yet reached the buyer, the seller has the right to stop the goods in transit. This right can be exercised if the buyer is in breach of the contract, such as non-payment or other breaches specified in the contract.
5. Right to Resell the Goods:
In certain circumstances, the seller may have the right to resell the goods after the buyer’s breach. This is known as the right of “resale.” The seller can resell the goods to another party and claim damages from the original buyer for any shortfall in the resale price compared to the original contract price.
6. Right to Sue for Specific Performance:
In some cases, the seller may seek a court order for specific performance. This means that the buyer is compelled to fulfill their obligations under the contract, such as accepting and paying for the goods as originally agreed.