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The Decision Made by Rougier J inBernstein v Pamson Motors can lead to fundamental injustice for buyers of goods - Discuss.
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The Decision Made by Rougier J in Bernstein v Pamson Motors can lead to fundamental injustice for buyers of goods. Discuss In a Sales of Goods Contract both the seller and the buyer are placed under certain obligations, that is to say they have certain duties to perform. If it is found that one of the parties has not performed their side of the bargain then the injured party will be entitled to claim damages for any loss resulting from such a breach. In some instances a party may, however seek a more powerful remedy that damages. This is apparent in situations where a buyer will seek to reject the goods and in doing so effectively repudiate or terminate the contract. A right of repudiation is generally found in circumstances where a condition of the contract has been breached. This is provided for in Section 11(3) of the Sale of Goods...
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