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Difference between revisions of "Contracts for Sale of Goods (11:III)"
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Contracts for Sale of Goods (11:III) (view source)
Revision as of 00:45, 6 August 2021
, 00:45, 6 August 2021→b) Seller’s In Rem Rights
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This is an alternate remedy to action for the price. The prima facie rule for damages is set out in s 53(3). The seller is entitled to be paid an amount equal to the difference between the negotiated price and the market price for the goods. However, this rule may be displaced where there is either no available market or the goods are unique, in which case the damages will be assessed based on the estimated loss incurred by the seller stemming from the breach (s 53(2)). | This is an alternate remedy to action for the price. The prima facie rule for damages is set out in s 53(3). The seller is entitled to be paid an amount equal to the difference between the negotiated price and the market price for the goods. However, this rule may be displaced where there is either no available market or the goods are unique, in which case the damages will be assessed based on the estimated loss incurred by the seller stemming from the breach (s 53(2)). | ||
==== b) Seller’s In Rem Rights ==== | ==== b) Seller’s ''In Rem'' Rights ==== | ||
===== (1) Unpaid Seller’s Lien: ss 43 - 45 ===== | ===== (1) Unpaid Seller’s Lien: ss 43 - 45 ===== | ||