Types of General Remedies under Sale of Goods Act

Question

Illustrate the types of General Remedies under Sale of Goods Act?

Answer 1

There are four general remedies and some specific remedies for an unpaid seller, as described below:

Discharge: Innocent party generally has the right to discharge the contract if there was a breach of a condition.

Compensatory Damages: Innocent party always has the right to claim compensatory damages. This is normally the only remedy for breach of a warranty. For breach of a condition, innocent party may be entitled to both damages and the right to discharge the contract.

Liquidated Damages: The courts will enforce a contractual term for liquidate damages. The most common application is that the seller may be allowed to keep a deposit if the contract is not performed.

Specific Performance: In exceptional circumstances, the court may require the guilty party to go through with the contractual promise (e.g., unique goods such as a priceless painting).