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Breach Of Contract Assignment: Business & Acorporation Law

2 Issue The issue in this question of Breach of Contract assignment is related to if the plaintiff finds an alternative buyer of the goods, then in such a situation what damages can be claimed by him. Applicable law In several circumstances, the buyer of goods may refuse to accept the goods from a seller in a wrongful manner. According to section 41 of the Sales of Goods Act 1954, there is liability of buyer in case loss is sustained by the seller because of negligence or refusal to take delivery of goods. In such a situation, the ascertainment of damages is still substitutionary (Zhang, 2019). The seller of the goods is entitled to recover the loss of sales as a result, by considering the contracted price and deduction of the expenses which would have been occurred. Moreover, justification is built into damages by considering the basis of difference in value, specifically in the contract for the sale of goods (Andrews, 2016). As per section 53 of the Sales of Goods Act 1954, damages would be computed in the difference in value deems that an injured party would seek a substitute performance from them anywhere and avoid the losses (Ganglmair, 2017). Therefore, if the alternative market is found by the seller, then the precise measure of damages is computed by considering such arm's length price (Wyner, and Casini, 2017). Cases In the legal case of White Arrow Express Ltd v Lamey’s Distribution Ltd., court held that, in case of no financial loss, then nominal damages should be awarded to plaintiff. Further, in the case Cardwell Shire Council v Calabrese explored in this section of Breach of Contract assignment, due to defendant repudiation of contract, plaintiff has been suffered, and therefore court awarded the damages of the amount, that have been paid under contract less cost of carrying the work. Implementation of law in the present case scenario In the present case scenario of Breach of Contract assignment, Peter later sale the car to another purchaser for $18000. It has been seen that amount of compensation should assist towards to put the Peter in the same position if the contract was performed. Along with this, it is also required to consider the precise measure of goods if the goods were sold to the alternative market. The reason behind the same is that, if the seller has found the alternative market and goods are sold to the same price, and then in such case, there is no actual loss occurred to the seller (Bertino, 2018). By considering this aspect within this Breach of Contract assignment, it can be said that the cost price of the goods for Peter is $ 15,000, and he was agreed to sale car to David for a price of $20,000. By this, he can earn a profit of $ 5000, if the contract was executed. However, David breaches the contract, and later, Peter sold this car to another buyer for a price of $18000. By this later can earn a profit of $3000. Although, by the original contract, David could generate the amount of profit was $5000. Conclusion Based on the above analysis on Breach of Contract assignment, it can be concluded that Peter could claim $2000. The reason behind the same is that it would assist towards in a position as if the original contract was executed. References Books and Journals Andrews, N., 2016. Remedies for Breach of Contract. In Arbitration and Contract Law (pp. 279-333). Springer, Cham. Barnett, K., 2016. Substitutive Damages and Mitigation in Contract Law. Breach of Contract assignment SAcLJ, 28, p.795. Bertino, L., 2018. Breach of Contract: Automatic and Unilateral Price Reduction. European Review of Contract Law, 14(1), pp.24-59. Chalkidis, I. and Androutsopoulos, I., 2017, December. A Deep Learning Approach to Contract Element Extraction. In JURIX (pp. 155-164). Chalkidis, I., Androutsopoulos, I. and Michos, A., 2017, June. Extracting contract elements. In Proceedings of the 16th edition of the International Conference on Articial Intelligence and Law (pp. 19-28). Ganglmair, B., 2017. Efficient material breach of contract. The Journal of Law, Economics, and Organization, 33(3), pp.507-540. Marsh, P., 2017. Contract law. In Contracting for project management (pp. 65-80). Routledge. Wyner, A. and Casini, G., 2017. A deep learning approach to contract element extraction. Legal Knowledge and Information Systems, p.155. Zhang, M., 2019. Breach of Contracts and Remedies. In Chinese Contract Law-Theory & Practice (pp. 345-380). Breach of Contract assignment Brill Nijhoff. Online Sales of Goods Act 1954, 2018. (Online). Available through [Accessed on 13 April 2020]

Subject Name: Business Law

Level: Undergraduate

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