A seller breaches a warranty in a contract of sale. What may the buyer do by reason of that breach…
The buyer may also use the breach to reduce or extinguish the price. If that still leaves further damage, section 59(2) allows a damages suit for that further loss.
Choose your answer
A seller breaches a warranty in a contract of sale. What may the buyer do by reason of that breach alone under the Sale of Goods Act, 1930?
Answer and explanation
Correct answer A
The buyer may also use the breach to reduce or extinguish the price. If that still leaves further damage, section 59(2) allows a damages suit for that further loss.
Option feedback
Option A
Section 59(1)(b) permits the buyer to sue for damages.
Option B
Sections 12(3) and 59(1) deny a right to reject based on the breach of warranty alone.
Option C
Section 12(3) distinguishes a warranty from a condition and excludes this consequence for breach of warranty.
Option D
Section 59 supplies damages and a price remedy. It confers no automatic replacement right for every breach of warranty.
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