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GET ACCESS NOWWhere there has been a breach of contract for a contract of sale, the seller may sue the buyer for the price of the goods.
In the common law, where the property of the goods has passed to the buyer under a contract of sale, and where the buyer wrongfully neglects or refuses to pay for the goods according to the contract, then the seller may maintain an action against the buyer for the price of the goods. As to the seller's right to recover for the care and custody of the goods, and as to loss caused by the buyer's delay in taking delivery, see the Sale of Goods Act 1979 s 37 (as amended). It would appear that s 37 applies only where the property has passed. Where the property in the goods have not passed, the price is still payable on a certain day irrespective of delivery; and where the goods agreed to be sold have not been delivered to the buyer then the seller's power to sue for the price depends
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