Question

Which of the following remedy is not available to a buyer for breach of a warranty by the seller ?

• A. Buyer can claim damages
• B. Buyer can repudiate the contract
• C. Buyer may refuse to pay the price
• D. Buyer has the option to sue for the amount of damages which exceeds the price of goods

Answer 1

The correct option is B Buyer can repudiate the contract

Where there is a breach of warranty by the seller, or where the buyer elects or is compelled to treat the breach of condition as breach of warranty, the buyer cannot reject the goods. The buyer may,
(a) set up the breach of warranty in extinction or diminution of the price payable by him, or
(b) sue the seller for damages for breach of warranty.

But the buyer cannot repudiate the contact.

Hence, B is the correct option.