First Principles of Business Law
Quiz: Remedies for breach of contract

Question 12

 

 

 

A and B enter into a contract in terms of which A will supply B with 20 loaves of bread each day for 6 months.  B says he wants delivery before 10:00 am each day, and A promises to deliver before that time.  In fact, on the first three occasions, A delivers the bread between 11:00 and 11:30.  B wants to put a stop to any further deliveries in grounds of breach of a condition in the contract.  Which one of the following statements correctly reflects the rule that will be applied in such circumstances?

 (a) Unless it can be inferred from the facts that contracting parties intended otherwise, the time agreed for performance will be treated as a condition rather than a warranty and late performance therefore justifies termination of further performance.

(b) Unless it can be inferred from the facts that contracting parties intended otherwise, the time agreed for performance will be treated as a warranty rather than a condition and late performance does not therefore justify termination of further performance.

(c) Legislation now requires that the time agreed by contracting parties for performance must be treated as a warranty rather than a condition, and late performance does not therefore justify termination of further performance.

 
 

 

 

 

 

 

 

  
 

 

 

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