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Essay / Contract Law Case Study - 638
* * * *Step One: The area of law concerned with this question is the presence of a breach of contract and the remedies available to injured parties.Step Two : Under the law, there are a number of remedies provided for breach of contract depending on the circumstances surrounding them. Generally, they depend on the considered importance of a clause in a contract (R. Stim, 2014). These are divided into conditions, warranties and unnamed terms. A condition is usually a fundamental aspect of the contract, without which the buyer would have had no reason to enter into the agreement. A warranty is considered a lesser condition, the breach of which would not render the performance of the contract completely null and void (EF Hill, 2014). In some cases, the terms of a contract may be violated by a measurable amount. , whether in a minor or major way. These are known as innominate conditions and are treated similarly to warranties, in that in the event of a breach, only damages will generally be available to the injured party (Peter Sise, 2012). In the case of the seller, there are two remedies that allow them to seek compensation for their losses. In cases where the buyer violates fundamental elements of the contract, such as non-payment, the seller can take legal action for the price of the goods. If the buyer chooses to refuse delivery and there is no legal basis for why, the seller may also seek damages for the buyer's wrongful refusal. In the buyer/seller situation, it is often the buyer who has more recourse. to recoup their losses. Section 50 allows buyers to seek damages for non-delivery, or buyers have the option to...... middle of paper ...... would not be granted a remedy in damages by a court only because it will still be able to generate the full resale value as originally intended when entering into the contract. Photographs Contract As noted in the scenario screening, this particular contract does not meet the requirements to establish an international merchandise sales agreement because the items may be assumed to be simply loaned to Juan for the duration of his exhibition. However, this would still be considered a breach of contract due to Henrietta's non-performance, for which remedies such as damages are available. Step Four: Under the Sale of Goods Act 1985 (WA), Juan should seek remedies for contracts. regarding the sale of the wool wall rugs and the red and white vases, depending on one's individual interpretation of whether or not the conditions or warranties have been violated.