(2) Where under a contract of sale the price is payable on a day certain irrespective of delivery and the buyer wrongfully neglects or refuses to pay such price, the seller may sue him for the price although the property in the goods has not passed and the goods have not been appropriated to the contract. 

56. Damages for non-acceptance. Where the buyer wrongfully neglects or refuses to accept and pay for the goods, the seller may sue him for damages for non-acceptance.
 

57. Damages for non-delivery.  Where the seller wrongfully neglects or refuses to deliver the goods to the buyer, the buyer, may sue the seller for damages for non-delivery. 

58. Specific performance. Subject to the provisions of Chapter II of the Specific Relief Act, 1877, in any suit for breach of contract to deliver specific or ascertained goods, the Court may, if it thinks fit, on the applications of the plaintiff, by its decree direct that the contract shall be performed specifically, without giving the defendant the option of retaining the goods on payment of damages. The decree may be unconditional, or upon such terms and conditions as to damages, payment of the price or otherwise, as the Court may deem just, and the application of the plaintiff may be made at any time before the decree.

59. 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 or such breach of warranty entitled to reject the goods; but he may--- 

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

(b) sue the seller for damages for breach of warranty 

(2) The fact that a buyer has set up a breach of warranty in diminution or extinction of the price does not prevent him from suing for the same breach of warranty if he has suffered further damage.

60. Repudiation or contract before due data  Where either party to a contract of sale repudiates the contract before the date of delivery, the other may either treat the contract as subsisting and wait till the date of delivery, or he may treat the contract as rescinded and sue for damages for the breach.

61. Interest by way of damages and special damages. (1) Nothing in this Act shall affect the right of the seller or the buyer to recover interest or special damages in any case where by law interest or special damages may be recoverable, or to recover the money paid where the consideration for the payment of it has failed. 

(2) In the absence of a contact to the contract, the Court may award interest at such rate as it thinks fit on the amount of the price - 

(a) to the seller in a suit by him for the amount of the price - from the date of the tender of the goods or from the date on which the price was payable; 

(b) to the buyer in a suit by him for the refund of the price in case of a breach of the contract on the part of the seller - from the date on which the payment was made.

Previous

Next