Buyer's remedies where the seller delivers the wrong quantity or quality

Wrong quantity (s. 37):

1. Less than contracted: the buyer may reject the goods; if he accepts them, he pays at the contract rate.
2. More than contracted: he may accept the contracted quantity and reject the rest, or reject the whole; if he accepts the whole, he pays for it at the contract rate. Where A agrees to sell 100 quintals of wheat and delivers 110, B may reject the whole or accept only 100.
3. Mixed with goods of a different description: he may accept the goods that accord with the contract and reject the rest, or reject the whole.
4. These rules give way to any trade usage, special agreement or course of dealing between the parties.

Wrong quality or description (s. 15). Where goods are sold by description, there is an implied condition that they shall correspond with the description (a buyer who contracted for peas cannot be made to accept beans). A buyer need not take goods that differ from the description: the breach lets him reject them or, if he chooses to keep them, claim damages.

Wrong quality or fitness. Where the goods are not of the quality or fitness that the contract requires, expressly or under the implied conditions of section 16 (fitness for a purpose made known, merchantable quality), the term broken is ordinarily a condition, and the buyer may reject the goods. Where the term broken is only a warranty, or the buyer elects, or is obliged after accepting the goods, to treat the breach of condition as a breach of warranty (s. 13), he cannot reject the goods; he may set up the breach against the seller in diminution or extinction of the price, or sue for damages (s. 59).

Conclusion. The buyer's remedies are to reject the goods, wholly or in part as section 37 allows, or to accept them and pay at the contract rate; where the goods do not correspond with the description, he may reject them or keep them and claim damages.