Section 57 of The Sale of Goods Act, 1930
Damages for non-delivery.
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.
Summary
- This section allows a buyer to sue for money if a seller fails to provide the goods.
- The buyer can take legal action if the seller wrongfully neglects to deliver.
- It also applies when a seller intentionally refuses to hand over the goods.
- This rule provides the buyer with a remedy known as damages for non-delivery.
Practical examples
FAQ
1. What can a buyer do under Section 57 of the Sale of Goods Act, 1930 if a seller won't deliver?
The buyer has the right to sue the seller for damages for non-delivery if the refusal or neglect is wrongful according to Section 57 of the Sale of Goods Act, 1930.
2. Does the Sale of Goods Act, 1930 require the seller's refusal to be "wrongful" for Section 57 to apply?
Yes, Section 57 of the Sale of Goods Act, 1930 specifically states that the seller must wrongfully neglect or refuse to deliver the goods for the buyer to sue for damages.
3. Can a buyer get their goods back using Section 57 of the Sale of Goods Act, 1930?
No, Section 57 of the Sale of Goods Act, 1930 focuses on a suit for damages, which is a money-based remedy, rather than the physical delivery of the goods themselves.
Test yourself
Q1.Under Section 57 of the Sale of Goods Act, 1930, what is the primary remedy for a buyer when a seller wrongfully refuses to deliver?
Q2.Which condition must be met for a buyer to sue under Section 57 of the Sale of Goods Act, 1930?
Q3.If a seller refuses to deliver, does Section 57 of the Sale of Goods Act, 1930 provide for the physical recovery of goods?
Q4.Under the Sale of Goods Act, 1930, Section 57, who is the party entitled to bring a suit?