GLENCORE A.G vs. VOLTA ALUMINUM COMPANY LIMITED

JONES DOTSE JSC:- It is provided in sections 1 (1), 47, 48 (1) and (2) of the Sale of Goods Act, 1962 (Act 137) as follows: “1(1) a contract for the sale of goods is a contract by which the seller agrees to transfer the property in the goods to the buyer for a consideration called the price, consisting wholly or partly of money.” 47. Damages for non-acceptance (1) Where the buyer wrongfully neglects or refuses to accept and pay for the goods in accordance with the terms of the contract, the seller may maintain an action against the buyer for damages for non-acceptance. (2) In a contract for the sale of goods to be delivered by instalments, (a) if each instalment is to be separately paid for, subsection (1) shall apply to each instalment separately, but where the buyer has by words or conduct shown an intention to repudiate the contract the seller may, if the seller accepts the repudiation, maintain an action for damages for non-acceptance in respect of the goods;...