 | South Australia - Law - 1896 - 230 pages
...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 compensation, but not to a right to treat the whole contract as repudiated. Delivery to carrier. Ib., sec. 32. Risk where goods are delivered at distant place. Ib.,... | |
 | American Bar Association - Law - 1906 - 474 pages
...instalments, it depends in each case on the terms of the contract and the circumstances of the case, whether the breach of contract is so material as to justify...to a right to treat the whole contract as broken. This section is slightly altered from section 31 of the English Act. The English Act, following prior... | |
 | American Bar Association - Bar associations - 1921 - 1066 pages
...depends in each case on the terms of the contract and the circumstances of the case, whether the hreach of contract is so material as to justify the injured...refusing to proceed further and suing for damages for hreach of the entire contract, or whether the hreach is severahle, giving rise to a claim for compensation,... | |
 | Institute of Bankers (Great Britain) - Banks and banking - 1891 - 840 pages
...the breach of contract is a repudiation of the whole contract, or whether it is a severable breach giving rise to a claim for compensation, but not to a right to put an end to the whole contract. 35. Di-lirery to carrier. — (1.) Where, under a contract of sale,... | |
 | Law reports, digests, etc - 1918 - 1142 pages
...depends in each case on the terms of the contract and the circumstances of the case whether the breneh of contract is so material as to justify the injured...the breach is severable, giving rise to a claim for comnensation, but not to a right to treat the whole contract as broken." The statute thus establishes... | |
 | Law reports, digests, etc - 1912 - 1182 pages
...installment«, it depends upon the terms of the contract nnd the circumstances of the case whether the breach of contract Is so material as to Justify...the injured party in refusing to proceed further, or whether the breach is severable, giving rise to a claim for compensation, but not to a right to... | |
 | Law reports, digests, etc - 1914 - 1164 pages
...of the contract and circumstances of the case whether the breach of contract as to one installment is so material as to justify the injured party in refusing to proceed further, to justify the seller in refusing to proceed further with defendant's contract. [Ed. Note. — For... | |
 | Law reports, digests, etc - 1921 - 1162 pages
...— "it depends In each case on the terms of the contract and the circumstances of the case whether the breach of contract Is so material as to justify...to a right to treat the whole contract as broken." Assuming that there was unreason able .del ay in sending shipping instructions and making demand for... | |
 | Law reports, digests, etc - 1918 - 1258 pages
...Installments, it depends iii each case on the terms of the contract and the circumstances of the case whether the breach of contract is so material as to Justify...breach of the entire contract, or whether the breach is severnble, giving rise to a claim for compensation, but not to a right to treat the whole contract... | |
 | Frederick Pollock - Law - 1888 - 516 pages
...the breach of contract is a repudiation of the whole contract, or whether it is a eeverable breach giving rise to a claim for compensation, but not to a right to rescind the whole contract.' The law cannot rest there, nor would the enactment of the clause in this... | |
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... it depends in each case on the terms of the contract and the circumstances of the case, whether the breach of contract is so material as to justify the injured party in refusing to proceed further and suing for damages for breach of the entire contract,... 
