Consequences of Failure of Contract Object: A Legal Guide

In consequence of the failure of the plaintiff to make payment for the chests which had already been delivered the defendant was entitled in law to be discharged from any obligation to supply the remainder of the chests. ... B. 581 failure to pay for the first instalment was held not to show an intention to repudiate the whole contract. ... In consequence of this lapse the broker's so-called bought and sold notes were signed, not by the broker, But by the purchaser. The subsequent history of this ....

High Court Malaya Kuala Lumpur

The object is to put the plaintiff in the position as if the contract had been performed (Mogregor on Contract (13th Ed) p 21). [191] The learned JC had assessed damages on the basis of loss of profit. ... Compensation for failure to discharge obligation resembling those created by contract (3) When an obligation resembling those created by contract has been incurred and has not been discharged, any person injured by the failure to discharge it is entitled to receive....

High Court Malaya Shah Alam

It is the consequence of a common law right to rescind a contract which in effect, entitles the innocent party to restitution of the monies paid in reliance of the promise of performance by the defaulting party. ... Analysis And Findings Delays In Construction What Is The Legal Consequence Of The Pleaded Delay Events In The Construction Of The Vessel? ... If the reasonable and commercially sensible man sees the performance of the contract of having some value, it should be taken that there has been no total fa....

The relevant part of the agreement of October 31, 1945, is a contract of bailment, and the cause of action is the failure of the bailee, in breach of his obligations under the contract, to deliver the goods entrusted to him by the bailors. ... On the failure of the defendant to return the jewellery, the plaintiffs sued him for the recovery of their property or, in the alternative, for compensation for their loss. The action was based on a simple breach of contract. ... Colombo, 17,762/M #HL_STAR....

2025 Supreme(Online)(Mad) 74671

Now, non-payment on the one hand or non-delivery on the other, may amount to such an act, or may be evidence for a Jury of an intention wholly to abandon the contract and set the other party free… Where by the non-delivery of part of the thing contracted for, the whole object of the contract is frustrated ... Clause 7 is again relied on:— “The sellers are not responsible for late or non arrival of the goods, etc.” in consequence of circumstances over which the sellers shall have no control. ... But looking at all the cir....

The contract is divisible; an action could be brought for each month's failure to deliver the sarees and dhooties. ... In this action the appellant, who is the proprietor of the Ceylon Spinning and Weaving Mills, was sued by the respondents for the recovery of a sum of Rs. 8,700 damages alleged to have been sustained by them in consequence of the failure on the part of the appellant to supply them with ... This action was for the failure to deliver sarees and dhooties during the eight months J....

Federal Court Putrajaya

Rightly, no standard text on the law of contract dealing with a chapter on breach has any discussion on 'total failure of consideration'. ... QUESTION 6: Whether on its true principle the doctrine of a total failure of consideration has no application where there has been only a partial failure of performance or the claimant has derived some benefit from the contract so that he is restricted to an action in damages for breach of contract ... At common law the right to "rescind" a #HL_....

J., and Withers, J., that in consequence of such sale and conveyance first defendant had put it out of his power to specifically perform his agreement to sell the land to plaintiff, and plaintiff could not therefore claim specific performance of such agreement. ... under the contract was to exact payment of Rs. 500 as liquidated damages in addition to any special damage which he might be entitled to from circumstances unforeseen at the date of the contract. ... For my own part I feel some difficulty in understanding on what principl....

A. said that " where a time for the performance of a vital term in a contract has been stipulated for and one party is in mora by reason of his failure to perform it within that time, but time is not of the essence of the contract, the other party can make it so by giving notice that if the obligation ... It was urged that there can be no failure of consideration in such a case where the contract itself is void. It is in just such a case, I think, that the money paid for that particular purpose ca....

Court of Appeal Putrajaya

As a consequence of the dismissal of the claim against Aster Bina, the claim against the second and 3rd defendants ought to have been similarly dismissed. ... [53] One must not lose sight of the overriding principle that the object of modern pleadings is to prevent surprise and to enable disputes to be litigated in an orderly fashion: Raja Abdul Malek Muzaffar Shah Raja Shahruzzaman v. ... In reality therefore, the plaintiff's action was merely a claim for a debt that became due under the SPA, due to Aster Bina's failure to pay the consi....

2020 0 Supreme(Mad) 700

Therefore, when the non-performance does not go to the root of the contract, a promisee can only seek for damages but not the discharge provided he is ready and willing to perform his part. The word 'failure' mentioned under Section 54 of the Act qua a contract involving reciprocal promises is akin to a refusal to perform and that too in its entirety, as discussed, on the scope of Section 39 of the Act. The failure may be with respect to a particular act of a contract but it should go to its roots rendering the performance of the rest of the contract is the one not sustainable.#HL_....

2019 0 Supreme(UK) 451

The claim petition was, therefore, not maintainable. Thus, there is breach of contract meaning thereby failure on the part of the respondent in the performance of contract. Further, by not challenging the test result as per Clause 9(c), the respondent waived its rights to invoke the arbitration clause by filing the claim before the Tribunal. The respondents failed to supply the balance quantity of 276 MTs of CLS by the date fixed as per the specification.

2019 0 Supreme(Mad) 533

The petitioner had also been put in possession of the plot. This was a contract inpersonam between the writ petitioner and the third respondent. The relationship between the parties had moved away from that of seeking administrative sanctions to that of an agreement bound by contract. A failure to fulfil any of the terms of the contract would invite the consequences as stipulated in the contract.

2018 0 Supreme(Del) 1453

There was no concluded contract between the parties within the requirements of Art. 299 of the Constitution by the acceptance of the application of the petitioners for the allotment of land measuring 400 sq. yards for construction of a residential house on Badarpur, Mehrauli Road, New Delhi according to the scheme. He further submits that this is recognized even in the Division Bench, which repeatedly observed that the challenge in the writ is confined to the applicability of the doctrine of promissory estoppel, and that the Petitioners have based their case solely on the doctrine of promiss....

2013 0 Supreme(SC) 382

Act for payment is mandatory and the words “must be” clearly expressed the legislative intent. It was also made clear that in the case of a bill of exchange it must be presented for payment to the “acceptor”. In this case, admittedly the bill was not presented to M/s Lgee Enterprise, the named acceptor in the bill and as a consequence “other parties thereto” were totally absolved of their liability. The consequence of failure to present was also made clear that the failure will absolve the liability of any of the “other parties thereto”.