Section 59 of the Sale of Goods Act, 1930 – Remedy for breach of warranty

Home › The Sale of Goods Act, 1930 › Chapter VI – Suits for breach of the contract

Section 59: Remedy for breach of warranty

  • (1) Where there is a breach of warranty by file 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 breach 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.

Source: official text of The Sale of Goods Act, 1930 as published on India Code (PDF). All sections of the Sale of Goods Act, 1930.

Related posts:

  1. The Sale of Goods Act, 1930 – All Sections
  2. The Indian Contract Act, 1872 – All Sections
  3. Section 55 of the Transfer of Property Act, 1882 – Rights and liabilities of buyer and seller
  4. Rule 225 of The General Financial Rules 2017 General Principles For Contract