Explanation:
When a buyer rejects the whole quantity of goods due to short delivery or excess delivery, the contract is treated as subsisting. This means that the contract remains in force and the parties are still bound by its terms. The buyer has the right to reject the goods and demand a refund or replacement, but this does not automatically terminate the contract.

Reasons for Short Delivery or Excess Delivery:

Short delivery or excess delivery can occur for several reasons, such as:

1. Error in counting or measuring the goods during packing or shipping.

2. Damage to the goods during transit, resulting in loss or spoilage.

3. Miscommunication between the buyer and seller regarding the quantity of goods ordered.

4. Intentional act by the seller to deliver less or more goods than agreed upon.

Consequences of Short Delivery or Excess Delivery:

When short delivery or excess delivery occurs, the buyer has the following options:

1. Accept the goods delivered and pay for the quantity received.

2. Reject the goods delivered and demand a refund or replacement.

3. Accept a partial delivery and negotiate a reduced price for the quantity received.

If the buyer chooses to reject the whole quantity of goods due to short delivery or excess delivery, the contract remains in force, but the buyer has the right to demand a refund or replacement. The seller must comply with this request or face legal action for breach of contract.

Conclusion:

In conclusion, if the buyer rejects the whole quantity of goods due to short delivery or excess delivery, the contract is treated as subsisting. The parties are still bound by its terms, but the buyer has the right to demand a refund or replacement. The seller must comply with this request or face legal action for breach of contract.