Question

12. How about the buyer, what remedies are available to her when

the seller breaches?

13. When is specific performance available? What does it mean to

obtain cover?

14. Define:

warranty,

warranty of title.

What are the types of warranties of title

when do they arise?

Answer 1

12. How about the buyer, what remedies are available to her when

the seller breaches?

Ans: It can be roughly divided into THREE PARTS;

a.       DAMAGES FOR NON DELIVERY: u/s 57 where the seller wrongfully neglects or refuses to deliver the goods to buyer, the buyer may sue the seller for damages of non-delivery. In such case the buyer can claim damages. The damages can be measured as difference between contract price and market price. In case of advance payment, the damages can be recovered.

b.      REMEDY FOR BREACH OF WARRENTY : u/s 59 (1)Where there is a breach of warranty by the seller, or where the buyer elects or is compelled to treat any breach of a condition on the part of the seller as a breach of warranty, the buyer is not by reason only of such breach of warranty entitled to reject the goods; but he may- (a) Set up against the seller the Brach of warranty in diminution or extinction of the price; or (b) Sue the seller for damages for breach of warranty. (2) The fact that a buyer has set up a breach of warranty in diminution or extinction of the price does not prevent him from suing for the same breach of warranty if he has suffered further damage.

c.       SPECIFIC PERFORMANCE: Section 58- Subject to the provisions of the Specific Relief Act, 1877, in any suit for breach of contract to deliver specific or ascertained goods, the court, may, if it deems fit, on the application of the plaintiff, by its decree direct that the contract shall be performed specifically, without giving the defendant the option of retaining the goods on the payment of damages. The decree may be unconditional, or upon such terms and conditions as to damages, payment of the price, or otherwise, as the Court may deem just, and the application of the plaintiff may be made at any time before the decree.

13. When is specific performance available? What does it mean to

obtain cover?

Ans: Specific performance is a specialized remedy used by courts when no other remedy (such as money) will adequately compensate the other party. If a legal remedy will put the injured party in the position he or she would have enjoyed had the contract been fully performed, then the court will use that option instead. The most common reason courts grant specific performance is that the subject of the contract is unique, when it's not merely a matter of money or where the true amount of damages is unclear. When a contract is for the sale of a unique property, for instance, mere money damages may not remedy the purchaser's situation.

14. Define:

Warranty: In contract law, a warranty has various meanings but generally means a guarantee or promise which provides assurance by one party to the other party that specific facts or conditions are true or will happen. This factual guarantee may be enforced regardless of materiality which allows for a legal remedy if that promise is not true or followed.

Warranty of title: A guarantee by a seller to a buyer that the seller has the right to transfer ownership and that no one else has rights to the property. In addition, a warranty of title may be used to guarantee that no other party has copyright, patent or trademark rights in the property being transferred.

What are the types of warranties of title

when do they arise?

Ans: Any liens that arose while the grantor or prior owners owned the property, including liens for unpaid property taxes or Federal income taxes. Any boundary line disputes or survey discrepancies associated with the property. Any undisclosed mortgages against the property. Any prior conveyances of the property to others. Any legal restrictions on the grantor’s ability to convey the property. Any unresolved probate or inheritance issues resulting from deceased property owners.

12. How about the buyer, what remedies are available to her when

the seller breaches?

Ans: It can be roughly divided into THREE PARTS;

a.       DAMAGES FOR NON DELIVERY: u/s 57 where the seller wrongfully neglects or refuses to deliver the goods to buyer, the buyer may sue the seller for damages of non-delivery. In such case the buyer can claim damages. The damages can be measured as difference between contract price and market price. In case of advance payment, the damages can be recovered.

b.      REMEDY FOR BREACH OF WARRENTY : u/s 59 (1)Where there is a breach of warranty by the seller, or where the buyer elects or is compelled to treat any breach of a condition on the part of the seller as a breach of warranty, the buyer is not by reason only of such breach of warranty entitled to reject the goods; but he may- (a) Set up against the seller the Brach of warranty in diminution or extinction of the price; or (b) Sue the seller for damages for breach of warranty. (2) The fact that a buyer has set up a breach of warranty in diminution or extinction of the price does not prevent him from suing for the same breach of warranty if he has suffered further damage.

c.       SPECIFIC PERFORMANCE: Section 58- Subject to the provisions of the Specific Relief Act, 1877, in any suit for breach of contract to deliver specific or ascertained goods, the court, may, if it deems fit, on the application of the plaintiff, by its decree direct that the contract shall be performed specifically, without giving the defendant the option of retaining the goods on the payment of damages. The decree may be unconditional, or upon such terms and conditions as to damages, payment of the price, or otherwise, as the Court may deem just, and the application of the plaintiff may be made at any time before the decree.

13. When is specific performance available? What does it mean to

obtain cover?

Ans: Specific performance is a specialized remedy used by courts when no other remedy (such as money) will adequately compensate the other party. If a legal remedy will put the injured party in the position he or she would have enjoyed had the contract been fully performed, then the court will use that option instead. The most common reason courts grant specific performance is that the subject of the contract is unique, when it's not merely a matter of money or where the true amount of damages is unclear. When a contract is for the sale of a unique property, for instance, mere money damages may not remedy the purchaser's situation.

14. Define:

Warranty: In contract law, a warranty has various meanings but generally means a guarantee or promise which provides assurance by one party to the other party that specific facts or conditions are true or will happen. This factual guarantee may be enforced regardless of materiality which allows for a legal remedy if that promise is not true or followed.

Warranty of title: A guarantee by a seller to a buyer that the seller has the right to transfer ownership and that no one else has rights to the property. In addition, a warranty of title may be used to guarantee that no other party has copyright, patent or trademark rights in the property being transferred.

What are the types of warranties of title

when do they arise?

Ans: Any liens that arose while the grantor or prior owners owned the property, including liens for unpaid property taxes or Federal income taxes. Any boundary line disputes or survey discrepancies associated with the property. Any undisclosed mortgages against the property. Any prior conveyances of the property to others. Any legal restrictions on the grantor’s ability to convey the property. Any unresolved probate or inheritance issues resulting from deceased property owners.

please note , i have taken all parts from contract law. in case of difficulties, feel free to share via comment.