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The Modern Law of Contract - Essay Example

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This research paper “The Modern Law of Contract” provides a research on three situations of the law of the UK, relating to delivery dates in contracts. These are time of the essence, estimated delivery date, and liquidated damages for late delivery…
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The Modern Law of Contract
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Download file to see previous pages Section 10 of the SGA addresses issues related to the time factor in contracts. It stresses that conditions relating to the time of payment do not constitute the essence of the contract. Unless a different intention is visible in the contractual terms, time does not become of the essence of the contract. Specifications relating to time become crucial to the contract, on the basis of the contractual terms. Moreover, Sections 10(1) and 10(2) are silent regarding conditions and warranties that constitute the standard procedures of determining when a right of repudiation comes into being.  
In general, time obligations constitute conditions in contracts of sale, if time is crucial to the contract. Instances of such terms are contracts, wherein the breach of a time obligation, entitles the non – breaching party to rescind the contract. However, delay in payment by the buyer does not empower the seller, prima facie, to repudiate the contract.  Similarly, any other time obligation does not permit repudiation, as it is dependent on the construction of the contract.
Under the provisions of Section 10(1), damages can be claimed by the seller, if the buyer delays payment to the extent that the seller can rescind the contract. Such an eventuality arises; first, if the court is of the opinion that time is crucial to the contract. The seller is required to determine whether the delay in payment by the buyer, is sufficiently long to avoid the contract....
Such an eventuality arises; first, if the court is of the opinion that time is crucial to the contract. Second, if time is not critical to the contract, the deferment of the payment ultimately resulted in a failure to make payment, thereby permitting repudiation of the contract.6 The seller is required to determine whether the delay in payment by the buyer, is sufficiently long to avoid the contract. If the assessment of the seller is incorrect, then he will be liable to the buyer for breach of contract. However, this situation is rare, because the property in goods is usually transferred to the buyer, prior to the delay in payment.7 Under these circumstances, the seller is limited to claiming damages for non-payment of the price by the buyer. In situations, where the seller breaches a time obligation or the time breach by the buyer is unrelated to the payment of the purchase price, the issues involved are different. Section 10(2) states that construction of the contract determines whether a time obligation is crucial to the contract.8 However, the courts have held that time obligations are of the essence to the contract. In addition, section 10(1) of the Sale of Goods Act 1979 declares that specifications regarding time of payment are not crucial to a contract of sale, until and unless a different intention can be understood from the contractual terms.9 In British and Commonwealth Holdings Plc v Quadrex Holdings Inc, it was held that unreasonable delay was essential, if the innocent party was to be permitted to give notice that would make time of the essence.10 In Behzadi v Shaftesbury Hotels Ltd, the court held that after the time ...Download file to see next pagesRead More
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