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Breach of contract (Global)

Forums › Ask ACCA Tutor Forums › Ask the Tutor ACCA LW Exams › Breach of contract (Global)

  • This topic has 3 replies, 2 voices, and was last updated 9 years ago by MikeLittle.
Viewing 4 posts - 1 through 4 (of 4 total)
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  • December 18, 2015 at 8:05 am #292113
    boma77
    Member
    • Topics: 70
    • Replies: 97
    • ☆☆

    Hello,

    I have a question from BPP kit.

    Lise, a wholesaler from S., entered into a contract with Pascal, a manufacturer from P. to supply her with machinery that was to be built according to her specific design. Several months into Pascal’s build process, Lise decided that she did not require the machines after all, and notified Pascal of her intention not to pay fort he machines.

    You should assume that UN Convention on Contracts for International Sale of Goods applies.

    This is an anticipatory breach.

    When would it be a breach during performance in this case?

    I appreciate any help that you can provide.

    December 18, 2015 at 11:29 am #292123
    MikeLittle
    Keymaster
    • Topics: 27
    • Replies: 23322
    • ☆☆☆☆☆

    I’m not sure that is is anticipatory breach! However, if BPP says it is, then ……….

    Breach during performance in the same scenario would be if P were to give notice part way through construction but decided they didn’t want to carry on with the construction and gave notice to L that they were going to breach.

    December 18, 2015 at 11:39 am #292126
    boma77
    Member
    • Topics: 70
    • Replies: 97
    • ☆☆

    I thought it was anticipatory breach too, because it is stated:” Several months into Pascal’s build process…..”

    Thank you for your quick response.

    Regards, Marina

    December 18, 2015 at 11:40 am #292127
    MikeLittle
    Keymaster
    • Topics: 27
    • Replies: 23322
    • ☆☆☆☆☆

    You’re welcome

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