Where a contract for sale of goods specifies the purchase price as 'market price', the seller's damages for non-acceptance under s 52(3) of the Sale of Goods Act 1923 are prima facie zero because the contract price and market price are identical. A seller claiming breach of a purchase obligation arising from concurrent and mutually dependent obligations must communicate readiness and willingness to perform its own obligations before the buyer can be in breach. The issue of mitigation of loss does not arise unless the plaintiff first proves, at least on a prima facie basis, that it has suffered loss.
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