Hong Kong Ordinances

SALE OF GOODS ORDINANCE - SECT 55

Remedies for breach of warranty

(1) Where there is a breach of warranty by the seller, or where the buyer
elects, or is compelled, to treat any breach of a condition on the part of the
seller as a breach of warranty, the buyer is not, by reason only of such
breach of warranty, entitled to reject the goods; but he may-

   (a)  set up against the seller the breach of warranty in diminution or
        extinction of the price; or

   (b)  maintain an action against the seller for damages for the breach of
        warranty.

(2) The measure of damages for breach of warranty is the estimated loss
directly and naturally resulting, in the ordinary course of events, from the
breach of warranty.

(3) In the case of breach of warranty of quality, such loss is prima facie the
difference between the value of the goods at the time of delivery to the buyer
and the value they would have had if they had answered to the warranty.

(4) The fact that the buyer has set up the breach of warranty in diminution or
extinction of the price does not prevent him from maintaining an action for
the same breach of warranty if he has suffered further damage.