Actions for breach of sales contract of goods

Actions for price of goods by seller

In case of breach of sales contract of goods, the seller may have the following actions against the buyer for the price of goods if:

  1. The ownership of the goods has passed to the buyer and he wrongfully neglects or refuses to pay for the goods according to the terms of the sales contract;[1] or
  2. The price is payable on a certain day, irrespective of delivery or of transfer of title and the buyer wrongfully neglects or refuses to pay such price, the seller may maintain an action for the price although the ownership[2] in the goods has not passed.[3]

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Concealment in Insurance

Concealment is a “neglect to communicate that which a party knows and ought to communicate.”[1] Thus, each party is required to communicate in good faith to the other all facts within his knowledge which are material to the contract and as to which he makes no warranty, and which the other has not the means of ascertaining.[2]

Best Legal Practices:

Disclose as much as possible – As a contract of insurance is one of uberrimae fidae (utmost good faith), each party should disclose as much as possible any relevant information.

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