Breach of the Contract- Legal Remedy


The significant law which is known as Sale of Goods Act 1930 was introduced with the purpose of harmonizing the rights, duties, claims and expectations happening in the procedure of the transferring of property from buyers to sellers. According to this law, the breach of contract occurs when parties to that place relinquish his legal responsibility under it, or through his own action makes it not possible that he should act upon his compulsions under it or absolutely or partially be unsuccessful to perform. Chapter VI of the sale of goods act, 1930 deals with suits for breach of the contract under section (55-61).  In the section (55-61), the remedies of the breach of contract are divided into different- different categories. Like

Three categories of remedies are stated under the Sale of Goods Act, relating to the case of breach of contract:-

  • Seller’s Remedies against Buyer deals with Sections 55 and 56
  • Buyer’s remedies against Seller deals with Sections 57, 58 and 59
  • Remedies available to both buyer and seller are deals with Sections 60 and 61
  • Seller’s Remedies against Buyer

The suits that may be instituted by the seller against the buyer under the Act can be roughly divided into two types

  1. Suit for Price.
  2. Damages for non-acceptance

Section 55:- suit for price.

Section 55 of this act deals with, when any goods are gives over to the buyer and the buyer has wrongfully refused to pay in harmony with the terms and conditions of the contract, the seller may sue him in accordance with section 55(1) of this act, as the buyer is bound to pay the price one time the property erstwhile granted. However in the matter of the due date of payment has been passed and goods had not been delivered up till now, the sellers can the buyer for the wrongful refusal on his side according to its clause 2.

Section 56:- Suits for damage for non-acceptance

Section 56 of this act says that where the buyer wrongfully refuses to recognize and pay for the goods, the seller may go to court against him for damages or non acceptance. The seller’s remedy in this section is a suit for damages before an act for the complete price of the goods.

In this a wrongful denial on the side of the buyer for acceptance of goods and payment of money, the seller can sue him for damages of non-acceptance according to section 56 of this act, for analyzing the quantum of damages section 73 and 74 of the Indian contract act be fitting.

  • Buyer’s Remedies against the Seller
  1. Damages for non-delivery deals with section 57
  2. Specific Performance deals with section 58
  3. Remedy for breach of warranty deals with section 59

Section 57:- damages for non-delivery

This section says that if the seller is purposely or wrongfully neglecting the delivery of the goods to the customer, the customer can sue the seller for damages for non-delivery. In this matter where the property in the goods has been agreed to the buyer, and the buyers have the right to instantaneous possession, he gets all the remedies an owner of the goods will acquire in opposition to any person whose management are incompatible. When the amount of damage is to be deliberate, it will be done on the source of the differentiation between the contract price and the market price on which the damage come up. 

Section 58:- specific performance

In the beginning, the provisions connecting to sale of goods were part of the Indian Contract Act, 1872 which as such did not give for the reasonable and equitable remedy of specific act. Afterward a take apart Act that is to say Specific Relief Act, 1877, was enacted to make available for equitable and reasonable remedies as well as the remedy of it.

The section of this act gives a remedy to the buyer, and offered no having a mutual right to the seller. It is consequently barely on claim of the buyer when suing as plaintiff, that the contract of sale can be obligatory purposely and the section merely related, when the contract is to distribute exact goods. It also held that a seller is not permitted to implement specific performance of the contract under this section for the reason that it deals with the case of a buyer of specific goods with regard to a contract to convey precise goods

Section 59:- Remedies for breach of warranty 

Section 59 of the Sales of Goods Act which deals with the remedy for the breach of warranty.

This act says that when here is a breach of warranty on the side of the seller, the buyer is not permitted to refuse the goods on to base, although he can go to court against the seller, breach of warranty in reduction of the price. The seller may as well sue the buyer for breach of warranty in the reduction of the price.

According to this section, breach of warranty does not permit the buyer to refuse the goods and his only remedy would be following in this section, to set of connections alongside the seller the breach of the warranty in reduction of the price or else to sue the seller for damages for breach of warranty. As of the explanation of warranty given in section 12(3) of this act.

 This is understandable that this section gives go up to a claim for damages simply on the side of the buyer. It is also put down that section 13 of this act that, yet in the matter of a breach of condition.

 If the buyer has acknowledged the goods or else in the issue of total contracts, part of them, it may well voluntarily in such a mode while to disqualify himself as of working his right to refuse them, he must go down upon his claim for damages.

Remedies obtainable to both (Seller and Buyer)

  1. repudiation of contract before due date deals with section 60
  2. Interest by way of damages and special damages deals with section 61

Section 60:- repudiation of contract before due date 

By-virtue-of section 60, the rule of due date shall pertain where, if the buyer disclaimed the contract before the date of due, the seller may sue for damages begins out of contravene.

According to this section, if one party objects before the due date then the other party has two ways of action. He can instantaneously distinguish the breach of contract and bring a suit for damages and the contract is irrecoverable and the damages will be calculated on the source of the rates after that customary, or he can hang around awaiting the date of respite. For the second circumstances, the contract is obtainable at troublous and would profit all parties.

Sec 61:- Interest by way of damages and special damages

This section enables the seller to sue the buyer for special damages as well for such loss which the parties knew, when they are completed the contract, to be feasible to end result from the breach of it.

Section 61 says that if there is an understandable harmony between the buyer and seller with view to interest on the price of the goods starting the date on which payment is due, the seller may get better interest on the date of notification to the buyer.

Even if, no contract to the opposing, the court of law may allowance interest to the seller at the charge it regarded as suitable for the price to be paid on or after the date on which the amount is due.

This section of this act conserve the right of a party to a contract of sale to make progress special damages, it means compensation for any damages grounds to him by either party’s breach which the parties identified when they completed the contract to be probable to consequence from the breach of it. 


A contract for sale of goods has, certain peculiar features such as transfer of ownership of the goods, distribution of goods rights and obligations of the buyer and seller, remedies for breach of contract, conditions, and warranties implicatively insinuated under a contract of sale of goods. The contracts for sale of goods are area under discussion to the wide-ranging main beliefs of the law connecting to contracts. This act plays an important role for the buyer and seller.


Author: Madhvi Patidar

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