| Abstract [eng] |
The importance of buyer‘s remedies for breach of contract is determined by the importance of contract of sale of goods itself as contract of sale is one of the most common of all contracts formatted inside the country as well as internationally and that means that buyer’s remedies are of great importance and they are often used by the buyer. The research analyses buyer‘s remedies for breach of contract of commercial sale of goods in accordance with the Civil Code of the Republic of Lithuania (which covers contracts of sale i.e. buyer’s remedies) and United Nations Convention on Contracts for the International Sale of Goods (1980) (as many provisions in the Civil Code of Lithuania are transferred from above-mentioned Convention). One of the most important conceptions of this work is the conception of fit handover of goods and composing parts of fit handover which are: quantity, quality, stock, packing and other specifications of goods; time of handover; place of handover; etc. Only if we have awareness in what fit handover of goods is, we can determine the breach of contract, seller’s liability and remedies which can be taken on. Buyer‘s remedies for breach of contract are analyzed on the ground of buyer’s failure to perform contract especially paying attention to remedies relating with failure to handover goods conforming with quality requirements. As in the case when goods do not conform with the quality buyer is expected to face heavy damages. This research analyses what the remedies are in general, what the remedies are in contracts of sale of goods, when and what kind of remedies can be used, what is the criteria for using one or another remedy, what are the consequences of applying those remedies and the most important thing is to know – what purpose of the remedies is. The main purpose of buyer’s remedies is protection of buyer’s interest i.e. remedies help buyer to purchase goods with no physical or legal defects and in the case if buyer has already purchased goods with lack of conformity, remedies help to eliminate those defects in order buyer could possess of purchased goods without any restraint. So the remedies help to consolidate balance between buyer’s and seller’s interest in case of breach of contract. |
