| 单词 | instalment deliveries |
| 释义 | instalment deliveries instalment deliveries unless otherwise agreed, the buyer of goods is not bound to take DELIVERY by instalments. If there is such a CON- TRACT, or if there is an express term permitting the goods to be deliv- ered by stated instalments that are to be separately paid for, and the seller makes defective delivery in respect of 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 breach of the whole contract or whether it is a severable breach giv- ing rise to a claim for compensation but not to a right to treat the whole contract as repudiated. In Maple Flock Co. Ltd v. Universal Fur- niture Products (Wembley) Co. Ltd [1934] 1 KB 148, it was held that fac- tors that might usefully be considered are:(1) the proportion the failure bears to the whole contract – one missed delivery out of twenty might not suggest repudiation where- as one out of three very well might; (2) the likelihood of a failure recurring. |
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