Your action was successful!
(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 the breach of warranty entitled to reject the goods; but he mayโ(a) set up against the seller the breach of warranty in diminution or extinction of the price; or(b) maintain an action against the seller for damages for the breach of warranty.(2) The measure of damages for breach of warranty is the estimated loss directly and naturally resulting, in the ordinary course of events, from the breach of warranty.(3) In the case of breach of warranty of quality, the loss is prima facie the difference between the value of the goods at the time of delivery to the buyer and the value they would have had if they had answered to the warranty.(4) The fact that the buyer has set up the breach of warranty in diminution or extinction of the price does not prevent him from maintaining an action for the same breach of warranty if he has suffered further damage.
Share this with your network:
Our powerful Legal Practice Management System is designed specifically for law firms in Kenya. Track cases, manage clients, generate invoices, handle tasks, and more โ all in one secure, cloud-based platform.
Nothing in this Act shall affect the right of the buyer or the seller to recover interest or special damages in any case whereby law interest or special damages may be recoverable, or to recover money...
Where any right, duty or liability would arise under a contract of sale by implication of law, it may be negatived or varied by express agreement or by the course of dealing between the parties, or by...
Where, by this Act, any reference is made to a reasonable time, the question what is reasonable time is a question of fact.
Where any right, duty or liability is declared by this Act, it may, unless otherwise provided by this Act, be enforced by action.
(1) In the case of sale by auctionโ (a) where goods are put up for sale by auction in lots, each lot is prima facie deemed to be the subject of a separate contract of sale; (b) a sale by auction is...
(1) The rules in bankruptcy relating to contracts of sale shall continue to apply thereto, notwithstanding anything contained in this Act. (2) The rules of the common law, including the law merchant,...