Breach of Contract
Showing 1-10 of 24 legal articles
Buyer's Defect
The buyer has certain obligations towards the seller, just like the seller has obligations towards the buyer. The buyer has to perform their part of the contract correctly and on time and when the buyer breaches a contract, the seller correspondingly has certain rights. Common breaches of contract by the buyer are late payment, failure to observe the duty of cooperation, and faults and delays resulting from collection or receipt of the goods.Seller's Delay
Contractual relations are based on the presumption that the seller will deliver the agreed goods to the buyer at the agreed time and in the agreed manner. If this does not happen, the seller’s performance is delayed. Delays are primarily assessed on the basis of the contract, but if no contract or applicable privisons exist, the provisions of the Sale of Goods Act are applied.Seller’s Defect
The seller is under an obligation to deliver to the buyer a product which corresponds with the type, quantity, quality and other characteristics agreed in the contract. If the product does not correspond with what has been agreed, it is defective.Seller’s Late Performance
Contractual relations are based on the presumption that the seller will deliver the agreed goods to the buyer at the agreed time and in the agreed manner. If this does not happen, the seller’s performance is delayed. Delays are primarily assessed on the basis of the contract, but if no contract exists or there is a gap in the contract, the Sale of Goods Act is applied.Seller's Liability for Damages
A breach of contract may result in the seller being liable to compensate the buyer for any resulting losses. According to the Sale of Goods Act, the buyer is entitled to damages for losses incurred due to the seller's delay or defects in the goods. The seller can only be relieved of the obligation to pay damages if they can demonstrate that the delay or defect was caused by an unforeseeable impediment beyond their control, which they could not reasonably have anticipated at the time of entering the contract.Buyer’s Right to Demand Termination of Contract
Termination of contract is the last resort when a breach of contract has occurred. Termination is possible both when the goods are defective and when the delivery is delayed.Seller’s Faulty Performance
The seller is under an obligation to deliver to the buyer a product, which corresponds with the type, quantity, qualities and other characteristics agreed in the contract. If the product does not correspond with what has been agreed, it is defective.Rectifying Defects, Agreement on Rectification and Having the Defect Remedied
If the performance of a contract is defective, the buyer may demand a rectification of that defect at the seller’s expense. The party has the right to demand the rectification provided that it the rectification will not cause any unreasonable costs or unreasonable inconvenience to the seller.Scope of Application of the Sale of Goods Act
The Sale of Goods Act regulates the sale of goods and the barter of goods, where applicable.Consequences of Breach of Contract to the Seller in General
Consequences of breach of contract to the seller are:
Showing 1-10 of 24 legal articles
Buyer's Defect
The buyer has certain obligations towards the seller, just like the seller has obligations towards the buyer. The buyer has to perform their part of the contract correctly and on time and when the buyer breaches a contract, the seller correspondingly has certain rights. Common breaches of contract by the buyer are late payment, failure to observe the duty of cooperation, and faults and delays resulting from collection or receipt of the goods.Seller's Delay
Contractual relations are based on the presumption that the seller will deliver the agreed goods to the buyer at the agreed time and in the agreed manner. If this does not happen, the seller’s performance is delayed. Delays are primarily assessed on the basis of the contract, but if no contract or applicable privisons exist, the provisions of the Sale of Goods Act are applied.Seller’s Defect
The seller is under an obligation to deliver to the buyer a product which corresponds with the type, quantity, quality and other characteristics agreed in the contract. If the product does not correspond with what has been agreed, it is defective.Seller’s Late Performance
Contractual relations are based on the presumption that the seller will deliver the agreed goods to the buyer at the agreed time and in the agreed manner. If this does not happen, the seller’s performance is delayed. Delays are primarily assessed on the basis of the contract, but if no contract exists or there is a gap in the contract, the Sale of Goods Act is applied.Seller's Liability for Damages
A breach of contract may result in the seller being liable to compensate the buyer for any resulting losses. According to the Sale of Goods Act, the buyer is entitled to damages for losses incurred due to the seller's delay or defects in the goods. The seller can only be relieved of the obligation to pay damages if they can demonstrate that the delay or defect was caused by an unforeseeable impediment beyond their control, which they could not reasonably have anticipated at the time of entering the contract.Buyer’s Right to Demand Termination of Contract
Termination of contract is the last resort when a breach of contract has occurred. Termination is possible both when the goods are defective and when the delivery is delayed.Seller’s Faulty Performance
The seller is under an obligation to deliver to the buyer a product, which corresponds with the type, quantity, qualities and other characteristics agreed in the contract. If the product does not correspond with what has been agreed, it is defective.Rectifying Defects, Agreement on Rectification and Having the Defect Remedied
If the performance of a contract is defective, the buyer may demand a rectification of that defect at the seller’s expense. The party has the right to demand the rectification provided that it the rectification will not cause any unreasonable costs or unreasonable inconvenience to the seller.Scope of Application of the Sale of Goods Act
The Sale of Goods Act regulates the sale of goods and the barter of goods, where applicable.Consequences of Breach of Contract to the Seller in General
Consequences of breach of contract to the seller are: