Section 109 Contract Act Explained: Remedies for breach of warranty | Nyaya

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What does Section 109 of Contract Act say?

Section 109 of the Indian Contract Act, 1872, deals with the remedies available to the buyer for breach of warranty. According to this section, the buyer is entitled to claim damages from the seller for the breach of warranty. The measure of damages is the estimated loss directly and naturally resulting, in the ordinary course of events, from the breach of warranty. The buyer may also claim damages for any injury to person or property caused by the breach of warranty. However, if the buyer has used the goods in a manner which is not in accordance with the purpose for which they were sold, he cannot claim damages for the breach of warranty. The buyer must also give the seller notice of the breach of warranty within a reasonable time after he becomes aware of it.

Indian StandardSection 109, Indian Contract Act, 1872

Bluebook (21st ed.)Indian Contract Act, 1872, § 109 (India)

Court Pleading StandardSection 109 of the Indian Contract Act, 1872

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Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗

Common Questions about Section 109 Contract Act

What is Section 109 of Contract Act?

Section 109 of the Indian Contract Act, 1872 (Contract Act) defines and regulates "Remedies for breach of warranty". The section states: Section 109 of the Indian Contract Act, 1872, deals with the remedies available to the buyer for breach of warranty. According to this section, the buyer is entitled to claim damag...

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