Section 59
Remedy for breach of warranty
ActIn forceProvision 58 of 63
Section 59
(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 the price does not prevent him suing for the same breach of warranty if he has suffered further damage.