59: Remedy for breach of warranty

(1) Where there is a breach of warranty by the seller, or where the buyer elects or is compelled to treat any breach of a condition on the part of the seller as a breach of warranty, the buyer is not by reason only of such breach of Warranty entitled to reject the goods ; but he may (a) set up against the seller the breach of warranty in diminution or extinction of the price ; or (b) sue the seller for damages for breach of warranty. (2) The fact that a buyer has set up a breach of warranty in diminution of extinction of the price does not prevent him from suing for the same breach of warranty if he has suffered further damage.

Effective date: 1930-07-01

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