Western Australian Current Acts Western Australian Current Acts (1) Where the buyer
wrongfully neglects or refuses to accept and pay for the goods, the seller may
maintain an action against him for damages for non-acceptance.
(2) The measure of
damages is the estimated loss directly and naturally resulting, in the
ordinary course of events, from the buyer’s breach of contract.
(3) Where there is an
available market for the goods in question the measure of damages is, prima
facie, to be ascertained by the difference between the contract price and the
market or current price at the time or times when the goods ought to have been
accepted, or, if no time was fixed for acceptance, then at the time of the
refusal to accept.
[Heading inserted: No. 19 of 2010 s. 44(2).]