Answer:
One can make claim against Mr B for fraudulent business dealing by not accepting the contract after taking the payment. He can show interest on the goods as he had purchased them and also made half the payment for the goods. The acceptance was also provided and hence he can make claim on the goods. He can get back the amount by auctioning the goods after serving court notice to them.
Answer:
Every contract relies upon the obligations of good faith and commercial reasonableness.
The obligations of the parties- buyer and seller-under a contract for the sale or lease of goods are as below.
Obligations of the Seller or Lessor
The basic obligation of the seller is to transfer and deliver conforming goods to the buyer. He must give any notice that is reasonably necessary to enable the buyer or lessee to accept the delivery.
a) Tender of Delivery: The goods must be delivered at a reasonable hour, in a reasonable manner. Further, the goods must be kept available for a reasonable time.
b) Place of Delivery: The contract or the circumstances may indicate the place of delivery, or parties may agree on a particular destination.
c) Perfect Tender Rule : The perfect tender rule sates that the seller was obligated to deliver the goods within stipulated time according to the terms of the contract. Any failure to conform to the contract may result in complete or partial rejection of the shipment.
Obligations of the Buyer or Lessee
The basic obligation of the buyer is to accept the conforming goods, and make the payment for the same and deliver conforming goods to the buyer. He must give any notice that is reasonably necessary to enable the buyer or lessee to accept the delivery.
a) Payment: The buyer is required to pay for the conforming goods by any means as agreed upon by the parties.
b) Right of Inspection: Before accepting the delivery, the buyer has the right to inspect if the goods are what contracted for. The buyer can reject the delivery if goods are not the same as stated in the contract.
c) Acceptance: Given the reasonable opportunity to inspect, if the buyer fails to reject the goods within reasonable time, the delivery is assumed to be accepted.
Answer:
is correct.
Refusal to perform the contract before the time for contract performance is referred to as breach of contract by anticipatory repudiation.
When Mr. H informed Ms. M before the time for contract performance that he would not be buying the car, anticipatory repudiation took place. In such a case, Ms. M could respond in two ways
a) pursue a remedy treating the repudiation as final breach of contract; or
b) wait for Mr. H to honor the contract.
Ms. M, however, did nothing by Friday, and Mr. H wished to retract his repudiation. This reinstated the rights and obligations of both the parties under original contract. Had Ms. M indicated Mr. H that she is cancelling the contract after his repudiation, Mr. H would not have been able to retract.
Thus, Ms. M had breached the contract by refusing the delivery.