TISARA PACKAGING INDUSTRIES LTD

Vs.

ATTORNEY GENERAL

SUPREME COURT
ALUWIHARE, J.
JAYAWARDENA,J.
FERNANDO, J.
SC/CHC/APPEAL/17/2010
HC/CIVIL/123/05(1)
AUGUST 2, 2018

Breach of contract-Waiver of rights-Onus of proof of waiver Contractual obligations-Damages

The Commissioner General of the Department of Educational Publications in the Ministry of Education had entered into an agreement with the defendant to print certain books. The defendant failed to meet the deadline to complete the order, as a result of which the Commissioner General was compelled to commission three other printing agencies to print the remainder. The Commissioner General sent a letter of demand seeking to recover the cost incurred to print the remaining copies. As there was no positive response to the letter of demand, action was instituted before the Commercial High Court claiming damages for breach of contract. At the trial, the defendant did not raise any issues or dispute the facts. The contention of the defendant was that partial performance of the contract was not in breach of the contract and the contract came to a mutually agreed termination as implied