May 2016 Q3 a.
What remedies are available to a buyer when goods are:
i) Over- delivered; (3marks)
View Solution
- The buyer may not reject all the goods just because there is excess in quantity
- May accept all the goods so delivered and pay for the extra goods at the contract rate.
- He may accept the goods which should have been delivered and reject the remainder and then recover damages from the seller representing the cost of separating the goods which should have been delivered from the remainder.
ii) Under delivered; (3marks)
View Solution
- The buyer may reject the goods.
- In the event he accepts the goods, he must pay for same at the contract rate.
iii) Delivered in mixed lot. (4marks)
View Solution
- Accept all the goods so delivered and pay a reasonable price for the extra goods.
- Accept the goods included in the contract and reject the reminder and recover damages involving the cost of separating the remainder and for deficiency, if any, in the goods delivered.