Western Australian Current Acts Western Australian Current Acts (1) Where the seller
wrongfully neglects or refuses to deliver the goods to the buyer, the buyer
may maintain an action against the seller for damages for non-delivery.
(2) The measure of
damages is the estimated loss directly and naturally resulting, in the
ordinary course of events, from the seller’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 of the goods at the time or times when they ought to
have been delivered, or, if no time was fixed, then at the time of the refusal
to deliver.