Sale of Goods Act Section 60 — Repudiation of contract before due date

CHAPTER VI SUITS FOR BREACH OF THE CONTRACT

Commercial / Corporate

Summary

If one party to a sale contract clearly says or indicates they will not perform their side before the delivery date arrives, the other party has two choices. They can treat the contract as still valid and wait until the delivery date to see what happens, or they can treat the contract as cancelled and immediately sue for damages caused by the breach.

Official Text

Where either party to a contract of sale repudiates the contract before the date of delivery, the other may either treat the contract as subsisting and wait till the date of delivery, or he may treat the contract as rescinded and sue for damages for the breach.