LLB Law: Contract Breach Analysis in Sale of Goods Cases and Remedies

This report analyzes two distinct cases concerning the sale of goods, specifically focusing on breaches of contract and the corresponding remedies available to the involved parties. The first case involves the purchase of a second-hand Range Rover, where the buyer later discovers issues with the car's performance, leading to a discussion on implied warranties and material breaches. The second case deals with the non-delivery of a new camera, purchased online, and the buyer's rights in seeking compensation. The report examines the obligations of both the buyer and seller, the significance of purchase and sale agreements, and the applicability of consumer protection laws. It addresses issues such as implied guarantees, non-delivery, and the importance of delivery confirmation. Furthermore, the report explores the concept of compensation for breach of contract, encompassing direct and consequential losses, and emphasizes the importance of clear contract terms and fulfillment of obligations by all parties involved.

Running head: CORPO/BUSS LAW 1
LLB Law

CORPO/BUSS LAW 2
In the event of a sale, there is a need for both parties involved in the transaction to understand the
significance of a purchase and sale agreement. This is usually an agreement between the seller
and the buyer regarding the sale of a property an asset. An individual purchasing the product or
asset is called the buyer while the other disposing of the property is the seller. Regarding this,
there are various rights and obligations of both parties involved and this may involve
documenting the sale agreement to make it legally binding among other issues.
1A purchase and sale agreement is necessary for both the buyer and seller as it allows for
negotiations between the parties involved helps both parties in agreeing on a fair price and
documents the terms of the sale. This agreement should be assigned after all contingencies in the
sale have been recognized and acknowledged by both parties.
This paper will categorically address two cases regarding the sale of property; a second-hand
range rover and a camera. In each of these two cases, there would be an analysis of some of the
aspects stipulated therein and some of the remedies that each of the parties involved will have
regarding the outcome of the sale.
Case I: Sale of a range rover
In this case, the purchaser bought a second had ranger rover at a price of 10 grands. In the
purchase process, it was clearly mentioned that it was sold at a slightly lower price because it had
an accident but had been repaired before the actual sale. The buyer went ahead and took a drive
test to ensure that the car was indeed in good shape and condition. Once the purchase was
1 Hayward, Kelsey A. "Disgorgement of Defendant's Gains from Opportunistic Breach of
Contract: Its Fit in Rhode Island." Roger Williams UL Rev. 22 (2017): 614.

CORPO/BUSS LAW 3
made, the buyer later realized that the car was too noisy, something they had missed during the
test drive. After a 40-day period, the tumble of the car broke down and this affected the car's
performance in a very significant manner. On contacting the seller, they insisted that the buyer
should fix the car with their own expense.
Here, it will entirely depend on some of the issues agreed upon during the sale by both parties. A
breach of contract will only arise in the case where one was signed. 2A breach of contract
happens when one of the parties goes against terms outlined in the sales contract. According to
the Uniform commercial code a seller-induced breach often occurs where sold property or item
does not fully match descriptions stipulated in the contract and where the delivery is not done.
3This may also be accompanied by any form of written or implied warranties and guarantees on
the performance of the property in question.
In the sale of the car, there is an implied guarantee of performance as the seller had indicated that
the car was repaired ad was now functioning well after the slight accident it had. Here, this a
breach of contract because of the implied guarantee for performance, something that did not turn
out to be true. 4This is so because a few days after the purchase, the buyer noticed that the car
2 Jacobi, Osnat, and Avi Weiss. "The effect of time on default remedies for breach of
contract." International Review of Law and Economics 35 (2013): 13-25.
3 Ayres, Ian, and Ian Ayres. Studies in Contract Law. Foundation Press, 2012.
4 Rowan, Solène. Remedies for Breach of Contract: A Comparative Analysis of the Protection of
performance. Oxford University Press on Demand, 2012.

CORPO/BUSS LAW 4
was way too noisy and the tumble broke down some forty days later and its performance was
greatly affected. There has been a material breach in this case because the main promise of the
sale was not fulfilled; the promise of assured performance as the car was found to be too noisy
and after some days the tumble broke down. Moreover, the seller refuses to repay and asks the
buyer to bet the car fixed at their own expense.
In the case of a breach of contract, the buyer can seek compensation for the item bought.
Case II: Sale of Camera
In this case, the buyer bought a brand new camera but did not receive the camera in person. The
seller indicates that it was posted, the carries confirm that it was indeed delivered. A neighbor of
the buyer mentions that he had seen a box at the buyer's compound but the buyer insists that he
did receive the camera. When contacted, the trader refuses to post another camera as had already
posted one. Moreover, the buyer has not signed for it and none of his neighbors has signed for
the delivery.
It is the duty of the trader to deliver purchased goods to the buyer and in the case where the they
fail to deliver; the buyer has a right to take legal action for non-delivery. 5Delivery is only
complete if the buyer has signed and confirmed the arrival of the goods in question. In this case,
the buyer can sue the seller for non-delivery of goods bought as did not receive the camera that
5 Eckerd, Stephanie, James Hill, Kenneth K. Boyer, Karen Donohue, and Peter T. Ward. "The
relative impact of attribute, severity, and timing of psychological contract breach on behavioral
and attitudinal outcomes." Journal of Operations Management 31, no. 7-8 (2013): 567-578.

CORPO/BUSS LAW 5
he had ordered for. Also, upon receiving the goods, it is required that the buyer confirms that
what was delivered is what was ordered. If this is not the case, the buyer can seek compensation.
Under the consumer guarantees Act, if the delivery service does not carry out its duties, then for
the loss or damage of the product, compensation should be made. In the case where the buyer
contracted the Carrier by themselves, only intentional damages will be covered. However, in the
case presented here, the buyer did not contact the carries, the seller did. As such, it is required
that the products arrive on time and in acceptable conditions upon examination by the buyer.
The buyer should also confirm that they have received the delivered product and signed for it
upon arrival. In such an event, the trader was supposed to track the allegedly delivered camera fir
the buyer to sending the tracking number so that the buyer can track the camera by himself.
6The law provides that signing for an item means that it has been delivered. Not signing for the
item means that it was not delivered. As for the camera, the buyer did not sign for the camera,
neither did any of his neighbors. According to the law, the camera was not delivered since it was
not signed. It is, however, important to note that a buyer is supposed to provide explicit
instruction on the delivery of a purchased item. This should entail instructions on where the
delivery company should leave the item. In the case presented here, we see that the item is
delivered at the buyer's home, but since it was not signed for by either the buyer or any of his
neighbors' it was not delivered.
6 Stockmeyer, Norman Otto. "A Guide to UCC Damages for a Buyer's Breach of Contract." Inter
Alia (State Bar of Michigan, Spring 1992) p 6.

CORPO/BUSS LAW 6
Moreover, the contract of purchase was between the trader and the buyer, not the carrier. This is
so because there it is not mentioned that the buyer paid directly for delivery. As such, the trader
owes the buyer the duty of care and ensures that the ordered item on time in n perfect condition.
There are certain remedies that the buyer can pursue in this particular case. If a delivery did not
show up when it was meant to be or rather not in the condition it was meant to be, under the
consumer contracts regulations, one can cancel the order within 14 days and ask for a full refund.
In the case of a late delivery, which might also be a possible reason here, the buyer is entitled to
a full refund. The buyer may also seek additional compensation to cater to all the additional costs
of late or non-delivery and inconveniences incurred. 7When an individual purchases an item,
they are technically entering into a contract, even when the contract itself is not put down on
paper. If any of the parties involved breaches this contract, the other party is entitled to
compensation.
Compensation in this particular case can be sought from two fronts; one is a direct loss as the
buyer did not receive the item he had ordered. It may also happen indirectly, loss as a result of a
breach of contract commonly referred to as a consequential loss. It is essential to note that the
concept of the compensation is to put back and individual in the same position they would be if
the contract had not been broken. Since this is a case of a missed delivery, the buyer can claim
for both direct loss and consequential loss.
For this particular case, additional compensation may be sought. This may include the extra time
the buyer had to spend in following up on the item in question. Any extra costs incurred as a
7 Ganglmair, Bernhard. "Efficient material breach of contract." The Journal of Law, Economics,
and Organization 33, no. 3 (2017): 507-540.

CORPO/BUSS LAW 7
result of a failed delivery may also be compensated as long as they are legitimate. 8This may
comprise of the extra phone calls or petrol costs if one had to drive to collect the item. There
might also be a reasonable claim for loss of enjoyment of the camera because it was delayed.
Getting compensation from a failed delivery is a right that a buyer has and should always seek to
enjoy. However, although an individual may be compensated for a failed delivery, one should be
careful to avoid such problems in future deliveries.
As depicted above, in each of these two cases, there is an issue of a breach of contract. This is so
because when an individual agrees to buy something they automatically get into a contract even
when the actual agreement of the purchase is not drafted. In the case of a breach of contract, the
offended party may seek compensation by carefully stating his case. In the case of a range rover
purchase, there has been a material breach of contract and the buyer can seek compensation. In
the case of a camera purchase, there has been a breach as a result of a failed delivery and as such,
the buyer can seek compensation. 9All parties in a contract have obligations to fulfill and must,
therefore, ensure that they fulfill all their obligations. There should also be clarity in terms of the
contract terms to ensure that all parties in the contract understand their obligations and stick to
them.
8 Torsello, Marco. "Remedies for breach of contract." In Elgar Encyclopedia of Comparative
Law, Second Edition. Edward Elgar Publishing, 2012.
9 Ganglmair, Bernhard. "Installment Contracts and Material Breach." Supreme Court Economic
Review 26, no. 1 (2019): 1-46.

CORPO/BUSS LAW 8
Bibliography
Articles and books
Ayres, Ian, and Ian Ayres. Studies in Contract Law. Foundation Press, 2012.
Eckerd, Stephanie, James Hill, Kenneth K. Boyer, Karen Donohue, and Peter T. Ward. "The
relative impact of attribute, severity, and timing of psychological contract breach on behavioral
and attitudinal outcomes." Journal of Operations Management 31, no. 7-8 (2013): 567-578.
Ganglmair, Bernhard. "Efficient material breach of contract." The Journal of Law, Economics,
and Organization 33, no. 3 (2017): 507-540.
Ganglmair, Bernhard. "Installment Contracts and Material Breach." Supreme Court Economic
Review 26, no. 1 (2019): 1-46.

CORPO/BUSS LAW 9
Hayward, Kelsey A. "Disgorgement of Defendant's Gains from Opportunistic Breach of
Contract: Its Fit in Rhode Island." Roger Williams UL Rev. 22 (2017): 614.
Jacobi, Osnat, and Avi Weiss. "The effect of time on default remedies for breach of
contract." International Review of Law and Economics 35 (2013): 13-25.
Rowan, Solène. Remedies for Breach of Contract: A Comparative Analysis of the Protection of
performance. Oxford University Press on Demand, 2012.
Stockmeyer, Norman Otto. "A Guide to UCC Damages for a Buyer's Breach of Contract." Inter
Alia (State Bar of Michigan, Spring 1992) p 6.
Torsello, Marco. "Remedies for breach of contract." In Elgar Encyclopedia of Comparative Law,
Second Edition. Edward Elgar Publishing, 2012.