The Path to a Greener Future: Understanding Sustainable Development In an era where environmental challenges and resource depletion are becoming increasingly evident, the concept of sustainable development has gained significant importance. Sustainable development aims to meet the needs of the present without compromising the ability of future generations to meet their own needs. This blog post will explore the principles, goals, and strategies of sustainable development, highlighting its critical role in ensuring a balanced and healthy future for our planet. "Transforming our world: The path to sustainable development." What is Sustainable Development? Sustainable development is a holistic approach that integrates economic growth, environmental protection, and social equity. It seeks to create a harmonious relationship between human activities and the natural world, ensuring that resources are used efficiently and responsibly. Definition: The most widely recognized de...
Breach of contact: When the buyer or seller denies to fulfill his part of performance in a contract of sales, they are said to be committing breach. In short, breach means “non-performance by the parties.”
1. Breach by buyer: A buyer may commit breach in a contract of sale when he does not accept the goods when the seller offers to deliver them to him or when the buyer refuses to pay the price for the goods. In such a case, the seller may take a personal action against the buyer or he may retain the goods with him until his payment is received.
2. Breach by seller: Where the seller does not deliver the goods to the buyer in accordance with the terms of the contract, he is said to have committed breach. Therefore, the buyer has the following remedies against seller.
Measure of Damages = contract price – market price.
2. Suit for specific performance (Sec. 58): Where the seller neglects or refuse to deliver the goods the buyer may in special cases, obtain an order from the court for specific performance of contract. Specific performance is an order by court compelling the seller to perform his part of performance.
For example: A seller had a contract to sale timber grown on his land, as per contract buyer has to cut the timber but after cutting few timber, seller repudiate the contract and prevented the buyer from cutting timber. The court gave the buyer the relief by way of specific performance by allowing the buyer to cut and take away the remaining timber.
3. Suit for breach of warranty (Sec. 59): The buyer may sue the seller for breach of warranty, where the seller commits breach of warranty U/S 12 (3) or when the seller commit breach of condition but the buyer decides to treat it as breach of warranty U/S 13.
4. Suit for damages of anticipatory breach by seller (Sec. 60): A buyer may file a suit against a seller who repudiates the contract before the sue date, the buyer may take any of the following action against the seller:
i) Cancel the contract on the date of breach and sue for damages.
ii) Can wait till date and then take action against the seller.
For example: A seller contracts to supply 10 books to buyer on 3rd November 2014. But on 15th October,2014, the seller intimates the buyer that he shall not supply books to the buyer on due date. Now buyer has two options:
a) Either he may cancel the contract on date the date of bract and claim the damages (measure of damages = price as decided in contract – price existing in market as on 15th October 2014).
b) Or else he may wait till due date and then sue the seller for damages (measure of damages = price as decided in contract – price existing in market on 3rd November 2014.
5. Suit for interest and Refund (Sec. 61(2)(b)): Where the buyer paid the advance, but the seller fails to perform his part of obligation, then the buyer is entitled to get refund. Apart from the refund of the advance payment, the buyer may also sue seller for interest on the amount of the advance money so paid by him. Such interest shall be paid from the date when advance was made the till date when the refund is made.
For example: In state trading corporation v.s Tara jewelers, due to government’s ban on export a contract for the purchase of silver for export was frustrated. In a claim for the refund of the price as well as interest thereon, Calcutta high court allowed the refund as well as interest @ 6% p.a. for the date of suit till refund date.
Remedies of seller against the buyer:
The seller may take an action either against the goods or against the buyer personally. These have already discussed in topic 10 rights of unpaid seller.
2. Breach by seller: Where the seller does not deliver the goods to the buyer in accordance with the terms of the contract, he is said to have committed breach. Therefore, the buyer has the following remedies against seller.
Remedies of the buyer against the seller:
1. Suit for damages for Non-delivery (Sec. 57): The seller must deliver goods to the buyer according to the terms of the contract between them. Where the seller does not deliver goods to the buyer he is said to have committed breach and therefore the buyer can sue the seller for damages for non-delivery of goods. The measure of damages shall be the difference between the contract price and the market price of goods.Measure of Damages = contract price – market price.
2. Suit for specific performance (Sec. 58): Where the seller neglects or refuse to deliver the goods the buyer may in special cases, obtain an order from the court for specific performance of contract. Specific performance is an order by court compelling the seller to perform his part of performance.
For example: A seller had a contract to sale timber grown on his land, as per contract buyer has to cut the timber but after cutting few timber, seller repudiate the contract and prevented the buyer from cutting timber. The court gave the buyer the relief by way of specific performance by allowing the buyer to cut and take away the remaining timber.
3. Suit for breach of warranty (Sec. 59): The buyer may sue the seller for breach of warranty, where the seller commits breach of warranty U/S 12 (3) or when the seller commit breach of condition but the buyer decides to treat it as breach of warranty U/S 13.
4. Suit for damages of anticipatory breach by seller (Sec. 60): A buyer may file a suit against a seller who repudiates the contract before the sue date, the buyer may take any of the following action against the seller:
i) Cancel the contract on the date of breach and sue for damages.
ii) Can wait till date and then take action against the seller.
For example: A seller contracts to supply 10 books to buyer on 3rd November 2014. But on 15th October,2014, the seller intimates the buyer that he shall not supply books to the buyer on due date. Now buyer has two options:
a) Either he may cancel the contract on date the date of bract and claim the damages (measure of damages = price as decided in contract – price existing in market as on 15th October 2014).
b) Or else he may wait till due date and then sue the seller for damages (measure of damages = price as decided in contract – price existing in market on 3rd November 2014.
5. Suit for interest and Refund (Sec. 61(2)(b)): Where the buyer paid the advance, but the seller fails to perform his part of obligation, then the buyer is entitled to get refund. Apart from the refund of the advance payment, the buyer may also sue seller for interest on the amount of the advance money so paid by him. Such interest shall be paid from the date when advance was made the till date when the refund is made.
For example: In state trading corporation v.s Tara jewelers, due to government’s ban on export a contract for the purchase of silver for export was frustrated. In a claim for the refund of the price as well as interest thereon, Calcutta high court allowed the refund as well as interest @ 6% p.a. for the date of suit till refund date.
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