First Principles of Business Law
Remedies for breach of contract

4. Termination of performance

4.7. Late performance

 

 

 

A, a caterer, agrees to supply B, a conference organiser, with the food necessary to provide a lunch for 130 people each day for a four-day conference. B tells A that the conference has a very tight schedule and that it is essential that the lunches be ready to serve by 12:30 pm each day. On the first day of the conference, the food is delivered an hour late, seriously disrupting the conference schedule. B says that this is not acceptable and says he will not permit any further performance of the contract by A.

(a) In the circumstances the time of delivery of the lunches was clearly intended to be a condition of this contract and late delivery, even on one day, justifies B stopping further performance of the contract by A.

(b) Even though the lunches were delivered late, and this is a breach of contract, late performance is treated as a breach of warranty rather than a breach of condition, and B would not be justified in stopping further performance of the contract by A.

 

 

 

 

 

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