 | Samuel Williston - 1922 - 1092 σελίδες
...effect of the default, and adjusts the rigor of the remedy to the gravity of the wrong. 'It depends in each case on the terms of the contract and the circumstances of the case' whether the breach is 'so material' as to affect the contract as a whole. "The answer to that question must vary with... | |
 | Briscoe Baldwin Clark - 1922 - 1270 σελίδες
...effect of the default, and adjusts the rigor of the remedy to the gravity of the wrong. ' It depends in each case on the terms of the contract and the circumstances of the case ' whether the breach is ' so material ' as to affect the contract as a whole. . . . The vendor who fails to receive payment... | |
 | Ernest Washington Chance - 1922 - 622 σελίδες
...refuses to take delivery of or pay for one or more instalments, it is a question in each case depending on the terms of the contract and the circumstances of the case whether the breach is a repudiation of the whole contract or whether it is a severable breach giving rise to a claim for... | |
 | Guam - 1952 - 552 σελίδες
...the buyer neglects or refuses to take delivery of or pay for one or more instalments, it depends in each case on the terms of the contract and the circumstances...breach of the entire contract, or whether the breach is severable, giving rise to a claim for compensation but not to a right to treat the whole contract as... | |
 | 1923 - 426 σελίδες
...excused unless an intent to repudiate the contract is shown.16 The Uniform Sales Act makes it depend in each case on the terms of the contract and the circumstances of the case whether the breach is so material as to justify the vendor in refusing further performance." The Sales Act, however, applies... | |
 | 1925 - 340 σελίδες
...—which, accoidmg to the Medway Company, it this case— ... it is a question iu each case depending on the terms of the contract, and the circumstances of the case, whether the breach of contract is a repudiation of the whole contract or whether it is a severaUe breach giving rise to a claim for compensation... | |
 | Northwest Territories - 1895 - 374 σελίδες
...refuses to tnke delivery of or pay for one or more instalments, it is a question in each case depending on the terms of the contract and the circumstances of the case, whether the breach of contract is a repudiation of the whole contract or whether it is a severahle breach giving rise to a claim for... | |
 | Michael G. Bridge - 1998 - 722 σελίδες
...where the seller makes 'defective deliveries in respect of one or more instalments', it depends upon the terms of the contract and the circumstances of the case whether the breach is a repudiation of the whole contract or a severable breach giving rise to 'a claim for compensation... | |
 | Carr - 2000 - 811 σελίδες
...refuses to take delivery of or pay for one or more instalments, it is a question in each case depending on the terms of the contract and the circumstances of the case whether the breach of contract is a repudiation of the whole contract or whether it is a severable breach giving rise to a claim for... | |
 | Philippines - 2001 - 932 σελίδες
...or refuses without just cause to take delivery of or pay for one or more installments, it depends in each case on the terms of the contract and the circumstances...is so material as to justify, the., injured party jn refusing to proceed further and su.ing for damage? for breach of the entire contract, or' whether... | |
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... it depends in each case on the terms of the contract and the circumstances of the case... 
