Breach of the Contract- Legal Remedy


The Sale of Goods Act 1930 stands as a significant legal framework designed to harmonize the rights, duties, claims, and expectations inherent in the transfer of property from sellers to buyers. Within this legal landscape, a breach of contract occurs when one party fails to fulfill their legal obligations under the agreement, rendering it impossible for them to act upon their commitments. Chapter VI of the Sale of Goods Act, 1930, specifically addresses suits for breach of contract (Sections 55-61), categorizing remedies for breach into distinct classifications.

Seller’s Remedies against Buyer:

Under the Sale of Goods Act, three categories of remedies are outlined concerning breaches of contract:

  1. Suit for Price (Section 55): If the buyer wrongfully refuses to pay for goods delivered, the seller may initiate legal action to recover the price as agreed upon in the contract. This remedy is applicable when the property in the goods has been transferred to the buyer, and the due date of payment has lapsed.
  2. Damages for Non-Acceptance (Section 56): In cases where the buyer wrongfully refuses to accept and pay for goods, the seller has the option to seek damages for non-acceptance. This remedy allows the seller to claim damages equivalent to the full price of the goods.

Buyer’s Remedies against the Seller:

Conversely, buyers have remedies available to them in the event of breaches by the seller:

  1. Damages for Non-Delivery (Section 57): If the seller intentionally or wrongfully fails to deliver the goods, the buyer can pursue legal action for damages due to non-delivery. The damages are calculated based on the difference between the contract price and the prevailing market price of the goods.
  2. Specific Performance (Section 58): This remedy allows the buyer to compel the seller to perform the contractual obligations as agreed upon. However, this remedy is typically available only to buyers seeking specific goods under the contract.
  3. Remedy for Breach of Warranty (Section 59): In cases where there is a breach of warranty by the seller, the buyer is not entitled to reject the goods outright. Instead, the buyer may seek damages for the breach or negotiate a reduction in the price of the goods.

Remedies Available to Both Seller and Buyer:

Certain remedies are accessible to both parties in the event of a breach:

  1. Repudiation of Contract before Due Date (Section 60): If one party repudiates the contract before the due date, the other party has the option to either immediately sue for damages or wait until the due date to take action. This section aims to preserve the contract’s integrity and offers flexibility in seeking remedies.
  2. Interest by way of Damages and Special Damages (Section 61): This section allows the seller to claim special damages resulting from the breach of contract, including interest on the price of the goods from the due date. The court may award interest at a rate deemed appropriate, even in the absence of a specific contractual agreement.


The Sale of Goods Act 1930 provides a comprehensive framework for addressing breaches of contract in the sale of goods. Through delineating various remedies available to both sellers and buyers, the Act aims to uphold the principles of contract law while ensuring equitable outcomes for all parties involved. Understanding these legal remedies is essential for navigating contractual disputes and safeguarding the interests of both buyers and sellers in commercial transactions.

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FAQs: Remedies for breach of contract under the Sale of Goods Act 1930

Q1. What are the remedies for breach of contract under the Sale of Goods Act 1930?

Ans: The Sale of Goods Act 1930 provides various remedies for breach of contract, including suits for price, damages for non-acceptance, and specific performance. Sellers can also claim damages for non-delivery and breach of warranty.

Q2. How can sellers sue buyers for non-acceptance or non-delivery of goods?

Ans: Sellers have legal recourse under the Sale of Goods Act 1930 to sue buyers for non-acceptance or non-delivery of goods. They can file suits for the price of the goods or claim damages for non-acceptance. Additionally, sellers can seek damages for non-delivery.

Q3. What options do buyers have when faced with a breach of warranty by the seller?

Ans: Buyers facing a breach of warranty by the seller have options under the Sale of Goods Act 1930. They can choose to sue the seller for damages resulting from the breach, either to claim a reduction in the price or to seek compensation for losses incurred due to the breach.

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