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Essay on Good Assignment Example in Business Law

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Introduction to Business Law Assignment- 20% Lecturer: Arthur Hoyle Tutor: Rosa Raco- Tues 4.30-5.30pm LEGAL ADVICE Subject University of Canberra – Breach of Contract and Damages matter You have sought my advice as to you rights under the original contact between your company, Peerless Computers and the University of Canberra, which you consider that the University has breached. Your company has requested advice as to whether a term such as delay by a third party can be successfully implied into the contract. Additionally, your company has sought advice as to whether the University can recover its additional costs arising from the failure to meet the obligations of the contract, and if so how much of these costs can …show more content…

This making the delivery later than that of the time specified in the contract of ‘no later than one week prior to the start of the next semester’. As mentioned above the delivery time was a condition of the contract and has a serious impact on the contract. As in the case of Possuard v. Spiers & Bond [1876] 1 QBD 410 services were required to be carried out by a specific date and it was a crucial part of the contract that this was to occur. When the acts were not carried out it resulted in a breach which entitled the contract to be repudiated. It seems as though this case would be similar to the case of Possuard v. Spiers & Bond and as such the University may not have breached their contract by cancelling as a breach had already occurred when your company was unable to deliver the goods on time. It would be reasonable to assume that your company left them with no alternate option other than to cancel as they were not offered any alternate solutions by your company. However, it should be noted that the University did cancel the contract in an abrupt manner and swiftly entered into a contract with another supplier, they should have at least tried to negotiate a solution to the issue with your company. This issue will be further explored in the

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