Sale of Goods Act 1957 · Updated to 1 Jan 2006 · Chapter VI · Suits for Breach of the Contract
61. Interest by way of damages and special damages
Feedback & supportNothing in this Act shall affect the right of the seller or the buyer to recover interest or special damages in any case where by law interest or special damages may be recoverable, or to recover the money paid where the consideration for the payment of it has failed.
Sale of Goods 29
goods
“goods” means every kind of movable property other than actionable claims and money; and includes stock and shares, growing crops, grass and things attached to or forming part of the land which are agreed to be severed before sale or under the contract of sale; a person is said to be “insolvent” who has ceased to pay his debts in the ordinary course of business, or cannot pay his debts as they become due, whether he has committed an act of bankruptcy or not;
In the absence of a contract to the contrary, the court may award interest at such rate as it thinks fit on the amount of the price—
to the seller in a suit by him for the amount of the price, from the date of the tender of the goods or from the date on which the price was payable;
to the buyer in a suit by him for the refund of the price in a case of breach of the contract on the part of the seller, from the date on which the payment was made.