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Section 64: Remedy for breach of warranty in sale of goods

64.Remedy for breach of warranty

(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 that breach of warranty entitled to reject the goods, but the buyer may'

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

(b)bring an action against the seller for damages for the breach of warranty.

(2)This section is subject to any usage of trade, special agreement or course of dealing between the parties.

(3)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.

(4)In the case of breach of warranty of quality, the loss is prima facie unless the contrary is proved, the difference between the value of the goods at the time of delivery to the buyer and the value the goods would have had if they had answered to the warranty.

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

Plain English Summary

When a seller breaks a warranty - or you choose to treat a broken condition as a warranty - you cannot reject the goods just because the warranty was ...

AI-generated, for reference only.

🔍Search Tips
  • • Search by keyword: "land", "tax", "arrest"
  • • Use exact phrases: "land commission"
  • • Enter citations: 45, 45(3)(a), 45:3:a
  • • Press / to search, Esc to close

Searching within Sale of Goods and Supply of Services Act. Faster results.