Abstract
A buyer company has an advance payment stuck with the seller company and acts cautiously in not paying further till getting control over the goods. Claiming this to be a breach, the seller terminates the contract and claims damages. The seller picks all legal points it could in the routine business practices to escape the unfortunate situation. The judgment in the Toba Trade Case gives a comprehensive view of several legal themes including, payment and delivery, variation of contract, termination, anticipatory breach, award of damages and unjust enrichment.
Additional Information
| Product Type | Case |
|---|---|
| Reference No. | BP0431 |
| Title | Overlap of Termination Terms and General Principles of Contracts: The Toba Trading Case |
| Pages | 16 |
| Published on | Feb 21, 2019 |
| Year of Event | 2014 |
| Authors | Pathak, Akhileshwar; |
| Area | Strategy (STR) |
| Discipline | Public Policy and Law |
| Learning Objective | Meaning and scope of repudiatory breach Overlap of termination terms and repudiatory breach Award of damages Unjust enrichment |
| Keywords | Reudiatory Breach; Termination terms; Unjust enrichment; Variation of contract |
| Country | United Kingdom |
| Access | For All |
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