What remedies are available to a buyer when goods are:
i) Over-delivered (3 marks)
ii) Under-delivered (3 marks)
iii) Delivered in a mixed lot (4 marks)

i) Over-delivered:

  • The buyer may not reject all the goods just because there is an excess in quantity.
  • The buyer may accept all the goods delivered and pay for the extra goods at the contract rate.
  • The buyer may accept the goods that should have been delivered and reject the remainder and then recover damages from the seller representing the cost of separating the goods that should have been delivered from the remainder.
    (3 points at 1 mark each for a total of 3 marks)

ii) Under-delivered:

  • The buyer may reject the goods.
  • If the buyer accepts the goods, they must pay for the goods at the contract rate.
    (2 points at 1.5 marks each for a total of 3 marks)

iii) Delivered in a mixed lot:

  • The buyer may accept all the goods delivered and pay a reasonable price for the extra goods.
  • The buyer may accept the goods included in the contract and reject the remainder and recover damages involving the cost of separating the remainder and for any deficiency in the goods delivered.
    (2 points at 2 marks each for a total of 4 marks)