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Remedies of the buyer and seller 205

The real remedies are taken against the goods, whereas the personal remedies give the seller
the right to sue the buyer.

The personal remedies of the seller

The Sale of Goods Act 1979 gives the seller two personal remedies against the buyer. These
remedies are:

(i) to sue for the price; or

(ii) to sue for damages for non-acceptance.

The right to sue for the price

Section 49 of the SGA 1979 provides that the seller can only sue the buyer for the price if
either the contract fixed a definite date for payment, or the ownership of the goods has
passed to the buyer.

Colley vOverseas Exporters Ltd (1921)

Unascertained goods were sold. The contract provided that ownership should pass when

the goods were loaded on board a ship which the buyer had a duty to nominate. The buyer

breached a condition of the contract because he did not nominate an effective ship. This

caused the goods to be left lying around on a dockside. The seller sued the buyer for the

contract price.

HeldThe seller was not entitled to the price. The contract had not fixed a definite date for

payment and ownership of the goods had not passed to the buyer.

CommentThis case is not as harsh on the seller as it might seem. The seller could sue

the buyer for damages for non-acceptance.

Figure 7.7How the buyer’s damages are calculated