Friday, March 25, 2011
Kenapa kita selalu mencari kesilapan orang?
Kerana kita sering merasakan kita lah yg terbaik. Itulah yang puncanya.
Saya menerima kesan akibat perangai segelintir manusia sekeliling yang merasakan dia yang terbaik. Hasilnya, saya terpaksa bersabar dalam keadaan yang sepatutnya saya gembira untuk merealisasikan apa yang saya impikan selama ini.
Jika berterusan begini, semoga saya akan dapat bersabar menghadapi kerenah manusia 'sempurna' begini.....
Monday, March 14, 2011
REMEDIES FOR BREACH
- Rights of the unpaid seller against the goods
- Rights to sue for breach of the contract
- Rights of the buyer to sue for damages for non-delivery
- Rights of the buyer to bring an action for specific performance
- Remedies available to the buyer for breach of warranty
- Buyer’s action in tort
Rights of unpaid seller against the goods
Unpaid seller is:
- a seller to whom the whole of the price has not been paid/ tendered.
- a seller to whom where a bill of exchange/ other negotiable instrument has been received as conditional payment & the condition on which it was received has not been fulfilled due to the instrument being dis-honoured/ for some other reason.
The rights of unpaid seller are:
- A lien on the goods for the price- S. 46(1)(a)
- A right of stopping the goods in transit in the case of the buyer’s insolvency- S. 46(1)(b)
- A right to resale- S. 46(1)(c)
- A right of withholding delivery- S. 46(2)
= the unpaid seller of goods who still possesses them is entitled to retain possession of them until payment/ tender of the price in any of the following events;
- The goods have been sold without any stipulation as to credit
- The goods have been sold on credit, but the term of credit has expired
- The buyers become insolvent
Right of the seller to sue for breach of contract
The seller can sue for the price of the goods where:
- The property in the goods has passed to the buyer & the buyer wrongfully neglects/ refuses to pay for the goods; &
- Where it is contracted that the price be paid on a certain date irrespective of delivery & the buyer wrongfully neglects/ refuses to pay such price ( even though the goods has not passed & the goods have not been appropriated to the contract.
- s. 55(2)
Right of the buyer to bring an action for non-delivery
S. 57 – where the seller wrongfully neglects/ refuses to deliver the goods to the buyer – may sue for damages for non-delivery.
Right of buyer to bring an action for specific performance
S. 58 – the buyer may bring an action for S.P of the contract by the delivery of specific/ ascertained goods.
But this remedy is available at the discretion of the courts.
Remedies available to buyer for breach of warranty
The buyer cannot reject the goods but :
- Set up against the seller the breach of warranty in diminution or extinction of the price, or
- Sue the seller for damages for breach of warranty
Buyer’s action against TORT
Can sue the seller in tort by bringing an action in detinue & conversion.
All the best to all my beloved students...never give up!!!