A Study on the Buyer’s Rights in Case of Delivery of Short Quantity in Sale of Goods - Focusing on British and American Laws

Purpose : The purpose of this study is to examine buyer’s rights when seller delivers a short quantity of goods lesser than the contracted quantity, which is one of the most important factor in sale of goods. Research design, data and methodology : Research design of this paper includes investigations of judicial cases as well as British Sale of Goods Acts and American Uniform Commercial Code. And its methodology is based fully on the literatures acquired from university library and through internet. Results : The author found that a number of judicial cases in the United Kingdom (UK) and USA during 19 century had shown legal ambiguity and uncertainty. However, such a problem was much reduced from 20th century owing to the change of legal idea of breach of contract. As a result, buyer can have the right to reject the short delivery of goods from sellers. terminate the contract with having the right to bring a legal suit for compensation of the damages occurred due to short delivery, Conclusions : In case of short delivery of goods, whether the contract is entire or several is very important because buyer’s right to reject the goods is much different. And also, de minimis rule, seller’s intention to cure the non-conformity etc are other important factors influencing buyer’s right to reject the short quantity.