Written contract with no specified time for delivery

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Question

1. Imagine that A had to deliver goods to B's warehouse pursuant to a written contract with no specified time for delivery. Imagine further that, after waiting for several weeks for the goods to arrive, B terminated the contract for "A's unreasonable delay and breach of contract". Imagine finally that A sued B for damages on the basis that B's termination was "an unlawful repudiation of the contract". How would a court decide each of the following?

(i) What kind of contractual term had been breached?

(ii) Whether the delay by A was unreasonable?

2. Imagine Macca and Lozza enter into a contract by which Lozza is to provide a benefit to Choc. Imagine further that Lozza fails to provide that benefit to Choc. Does Choc have any rights to obtain that benefit from Lozza under the law of contracts?

What kind of legal action could Macca take against Lozza and what would be the result? If Choc cannot obtain the expected benefit under contract law, describe the circumstances under which he could succeed if he argues Macca was his trustee when he formed the contract with Lozza.

Reference no: EM133889739

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