Buyer is not bound to accept delivery by instalments unless agreed. (b)
If it is agreed to deliver in instalments and paid for separately, and either the seller makes defective deliveries, or the buyer refuses to take delivery, it would: •
result in repudiation of the whole contract, or
it would be a severable breach giving rise to a claim for damages only. (c)
It depends on the terms of the contract[s.33]
Maple Flock Co. Ltd. v. Universal Furniture Products (Wembley) Ltd. (1934) In Maple Flock Co. Ltd. v Universal Furniture Products, the seller agreed to deliver goods in installment and the buyer took further delivery of goods after finding one batch of goods were not upto the standard. The buyer later refused further deliveries. It was held that the buyer was not entitled to repudiate the contract as the defective goods constituted a small portion of the total quantity delivered.
Remedies available to the seller and the buyer
Typical common law remedy is damages.
If a condition is broken, innocent party is entitled to repudiate the contract and claim damages. (c)
If a warranty is broken, innocent party is only entitled to claim damages.[s.13(2)] (d)
The equitable remedies include lien, injunction, specific performance and rescission.
Remedies available to the seller
Personal remedies against the buyer
SOGO makes specific provision to the ‘unpaid’ seller. (b)
Seller may sue for the price if the buyer wrongfully refuses to pay for the goods [s.51]
Torvan Shipping Ltd. v. Gilman & Co. Ltd. (1977)
In Torvan shipping Ltd. v Gilman & Co. Ltd., the buyer requested to terminate the contract after accepting the first installment of goods. It was held that it was a contract for unascertained goods and as the buyer terminated the contract, the seller could not succeed in an action for the price.
Seller may sue for damages for non-acceptance if the buyer wrongfully refuses to accept and pay for the goods....
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