First Principles of Business Law
Remedies for breach of contract

4. Termination of performance

4.3. Non-performance

 

 

 

A agrees to supply B, a fruit seller, with 50 boxes of Grade 1 bananas at a price of $10 per box. It is agreed that the bananas must be delivered within the next 24 hours. Due to a mix-up at A's dispatch centre, 50 boxes of oranges are delivered to B the next day, but no bananas. A says he made an attempt to perform the contract and should be allowed another opportunity to deliver bananas. B wants to terminate A's right to make any further deliveries.

(a) A has tried to perform the contract and remains willing to perform. In these circumstances B cannot terminate A's right to deliver the bananas.

(b) Although A has delivered some fruit, it is not what was promised, and this amounts to a complete failure to perform. In these circumstances, B is entitled to terminate any further performance of the contract by A.

 

 

 

 

 

 

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