Damages for non-delivery [Section 57]:
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.
Example:‘A’ a shoe manufacturer, agreed to sell 100 pairs of shoes to‘B’ at the rate of ` 1050 per pair. ‘A’ knew that‘B’ wanted the shoes for the purpose of further reselling them to‘C’ at the rate of ` 1100/- per pair. On the due date of delivery,‘A’failed to deliver the shoes to‘B. In consequence,‘B’could not perform his contract with 'C’for the supply of 100 pairs of shoes. In this case, 'B’can recover damages from ‘A’at the rate of ` 50/- per pair (the diuerence between the contract price and resale price).
Example:‘A’ a shoe manufacturer, agreed to sell 100 pairs of shoes to‘B’ at the rate of ` 1050 per pair. ‘A’ knew that‘B’ wanted the shoes for the purpose of further reselling them to‘C’ at the rate of ` 1100/- per pair. On the due date of delivery,‘A’failed to deliver the shoes to‘B. In consequence,‘B’could not perform his contract with 'C’for the supply of 100 pairs of shoes. In this case, 'B’can recover damages from ‘A’at the rate of ` 50/- per pair (the diuerence between the contract price and resale price).
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