Section 77

This section provides that where a contract for the sale of goods is broken by the seller, the buyer is entitled to specific performance of the contract. The actual statutory language is: "Where the buyer has paid the price, or any part of the price, of goods which the seller has failed to deliver, the buyer is entitled to recover the price or part of the price so paid, with interest, or to obtain specific performance of the contract, unless the seller can show that the failure to deliver was due to circumstances beyond his control." The section aims to provide a remedy to the buyer where the seller has failed to deliver the goods. The Supreme Court has interpreted this section to mean that the buyer's right to specific performance is subject to the seller's ability to deliver the goods.