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#contract #law #remedies
Where, under a contract of sale, the buyer wrongfully neglects, or refuses to pay for, the goods according to the terms of the contract, the seller may maintain an action against him for the price of the goods: Sale of Goods Act 1979 s 49. Where the price is ascertainable in a manner provided in the Sale of Goods Act 1979 s 8, the appropriate claim is a liquidated demand: the remedy is the award of the liquidated sum. But where the price is not determined in accordance with s 8, the buyer must pay a reasonable price. What is a reasonable price is a question of fact dependent on the circumstances of each particular case: s 8. The action for a reasonable price for goods is a claim for an unliquidated sum.
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