law problem
2006-10-22 8:30 am
Lee needs two machines urgently to have contract with KHS, so he bought fromTML which agreed to deliver on June, and TML doesn't know the KHS 'contract. But TML delivered the machines on December, let Lee lost daily business, breach the contract with KHS, he needed to pay damages to KHS. Lee wants to recover all of losees from TML, can he be successful?
回答 (2)
2006-10-22 9:26 am
✔ 最佳答案
If the terms stated clearly about the delivery time, then:TML: breach contract --- pay damage to Lee, i.e. the profits that Lee could have earned. Because TML should foresee the outcome of late delivery, i.e. making Lee lose business
However, TML did not know the contract between Lee and KHS. TML could not have reasonably foreseen that the loss of the breach of contract between Lee and KHS. So, Lee may not be able to recover this part of loss.
Case: Remedies of Contract - Victoria Laundry {Windsor} Ltd v Newman Industries Ltd. [1949]
You should use a case to support your answer.
2006-10-22 8:39 am
It depends on whether the terms of the contract signed between Lee and TML. If it specifies clear about the due date and violation penalty, Lee can sue TML for the compensation according to the contract. However, if there was not clear enough in the contract, Lee still can sue TML, but the chance will be less than the former case.
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