Section 51 Sale of Goods Act 1893

Section 51 of the Sale of Goods Act 1893 is about Damages for non-delivery. It provides as follows:

(1) Where the seller wrongfully neglects or refuses to deliver the goods to the buyer, the buyer may maintain an action against the seller fordamages for non-delivery.

(2) The measure of damages is the estimated loss directly and naturally resulting, in the ordinary course of events, from the seller’s breach of contract.

(3) Where there is an available market for the goods in question the measure of damages is prima facie to be ascertained by the difference between the contract price and the market or current price of the goods at the time or timeswhen they ought to have been delivered, or, if no time was fixed, then at the time of the refusal to deliver.

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