Advantages And Breach Of Contract
On a breach of contract by a defendant, a court …show more content…
Its rotor broke down before normal life. The plaintiff had no means to replace it atcash price. He had to arrange it again a hire-purchase price and claimed the same as damages.The defendant contended the plaintiff had to pay hire- purchase price because of his lack of means. This contention was rejected. The fact that in the present circumstances of economythe business has to depend upon hire-purchase system, was held to be within thecontemplation of the parties.
6 (1873) LR 8 CP 131.
7 (1868) LR 3 CP 499: 18 LT 604.
8 (1876) 1 QBD 274.
9 B.P. Exploration & Co v Heent, (1982) 2 QBD 925. Where the lessor knew the purpose for which the lesseerequired the premises, he was held liable for the loss of that purpose during the delayed period.
Jaques v Millar (1877) 6 Ch D 153
. Section 73 of the Contract …show more content…
The Supreme Court came to this conclusion in A.T.Brijpalsingh v state of Gujrat13 . Some earlier cases on the subject were also decided either on the basis of cost of cure or difference in value depending on whether in the circumstances of the case, cure would bereasonable or whether recovery on the basis of difference in value would be reasonable. Thelatter would be more reasonable where the building, though defective, is never the less substantially useful. The cost of rectification even if recovered, may not be so