Scenario of Abigail - Essay Example

A party can be said to have breached a contract when and if he or she has not performed the duty as had been mentioned in the contract or if by his or her conduct and action he seems not to be able to perform the contract.

Whereas in the scenario Abigail has no actual financial or other damages as a result of the contract, she might have been awarded damages if she had sued and won against the seller. Since the seller had failed to deliver the new car to Abigail as agreed in the contract, he would have been liable for material breach which would have permitted Abigail to either compel him to perform or collect damages as a result (Stone 25). Abigail would have been awarded special damages; special damages are awarded to a claimant as a result of a breach for the quantifiable monetary losses that he or she may suffer as a result of the breach. This would have included compensation for direct loss or consequential losses if she would have proved that failure by the seller to deliver the car had caused her economic loss.