{"id":17776,"date":"2025-06-22T15:03:52","date_gmt":"2025-06-22T13:03:52","guid":{"rendered":"https:\/\/melo.no\/?p=17776"},"modified":"2026-06-22T15:59:33","modified_gmt":"2026-06-22T13:59:33","slug":"hvilke-rettigheter-har-du-nar-avtalen-ikke-blir-oppfylt","status":"publish","type":"post","link":"https:\/\/melo.no\/en\/juridisk-innsikt\/kontrakt\/hvilke-rettigheter-har-du-nar-avtalen-ikke-blir-oppfylt\/","title":{"rendered":"What rights do you have when a contract is not honoured?"},"content":{"rendered":"
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Most sales contracts are completed without any issues. The seller delivers the goods, the buyer pays the purchase price, and the parties go their separate ways. But what happens when the goods are delivered late, turn out to be defective, or the buyer fails to pay as agreed?<\/p>\n

The law of sales governs precisely these situations. Its purpose is to ensure a fair balance between the parties\u2019 interests and to provide predictability when something goes wrong during the performance of the contract.<\/p>\n

Agreements must be honoured<\/h2>\n

A fundamental principle of Norwegian law is freedom of contract. As a starting point, the parties are free to agree on the terms and conditions governing the sale. This is reflected, among other provisions, in Section 3 of the Norwegian Sale of Goods Act, which provides that the Act\u2019s rules yield where otherwise follows from the agreement, established practice between the parties, trade usage, or other custom.<\/p>\n

For both businesses and private parties, this means that the sales contract is often the primary legal basis governing the transaction. The Sale of Goods Act largely serves as a supplementary framework that fills any gaps left by the contract.<\/p>\n

Consumer sales are somewhat different. The Norwegian Consumer Purchases Act contains a number of mandatory provisions designed to protect consumers against unfair contractual terms.<\/p>\n

Sales are based on the principle of concurrent performance<\/h2>\n

A sale creates reciprocal rights and obligations. The seller is entitled to payment but is simultaneously obliged to deliver the goods. The buyer is entitled to receive the goods but must pay the purchase price.<\/p>\n

The performance of the contract is based on the principle of concurrent performance, often referred to as the principle of \u201cperformance against performance.\u201d As a general rule, neither party is required to perform its obligations before the other party does the same. The seller may withhold delivery until payment is made, and the buyer may withhold payment until the goods are placed at his or her disposal.<\/p>\n

This principle reduces risk for both parties and creates a natural incentive for the contract to be performed.<\/p>\n

Exceptions apply where the parties have agreed on credit terms or advance payment.<\/p>\n

The seller\u2019s main obligations<\/h2>\n

The seller\u2019s principal obligation is to deliver the goods in accordance with the contract. This includes an obligation to deliver:<\/p>\n