Section 59

Remedy for breach of warranty.

The Sale of Goods Act, 1930

  • Act 3 of 1930
  • Ministry of Law and Justice
  • Legislative Department
About this Act

An Act to define and amend the law relating to the sale of goods.

All sections
        (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: India Code (Legislative Department, Govt. of India). Check the official Gazette before relying on it in court. Not legal advice. Free legal aid: 15100 (NALSA) · Know your rights

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