Hong Kong Ordinances

SALE OF GOODS ORDINANCE - SECT 53

Damages for non-delivery

Remedies of buyer

(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 for
delivery, then at the time of the neglect or refusal to deliver.