Commercial Law: Sale of Goods - University of Wolverhampton

Study Unit 7 Suggested minimum study hours: 15TopicRemedies for Breach of ContractThis Unit covers material contained in the Learning Project.IntroductionIn this Unit we examine the remedies available to both the buyer and seller. In this context, it isimportant to note the implications of acceptance and of instalment contracts. Note also the ways aseller may be protected by putting a retention of title clause into the contract of sale, and how anunpaid seller has both personal and real remedies against the buyer.Objectivesa To examine the remedies available to a buyer.b To examine the remedies available to a seller.c To distinguish between personal remedies and proprietary remedies.Essential ReadingThese titles have been supplied as part of your study materials.Commercial Law Textbook – Relevant Chapter(s)Commercial Law 150 Leading Cases – (See listed cases)General ReadingThese titles have not been supplied and are not essential reading, but you may wish to refer tothem to further your understanding.The Sale of Goods, Atiyah – Relevant Chapter(s)Commercial Law, Bradgate – Relevant Chapter(s)Case law and statutesRemedies of buyerTHE RIGHT TO REJECTBoston Deep Sea Fishing and Ice Co v Ansell (1888) 39 Ch D 339* Panchaud Frères SA v Etablissements General Grain Co [1970] 1 Lloyd’s Rep 53LOSS OF THE RIGHT TO REJECTi Reasonable opportunity for inspection* Hardy & Co v Hillerns and Fowler [1923] 2 KB 490* Maniffature Tessile Laviera Wooltex v Ashley [1979] 2 Lloyd’s Rep 28SGA 1979: ss34 and 35ii AcceptanceBernstein v Pamson Motors (Golders Green) Ltd [1987] 2 All ER 220* Johnson v Agnew [1980] AC 367Kwei Tek Chao v British Traders & Shippers Ltd [1954] 2 QB 459SGA 1979: ss35 and 35A, as inserted by s2 SSGA 1994