Seller's obligation: time of delivery

Question 1

s.11:

Hartley v. Hymans (yarn)

Answer 1

• delivery for yarn was late
• buyer said he will repudiate the contract
• buyer can repudiate the contract
• time constituted a matter of essence? - yes, a commercial contract
• the vendor failed to deliver within the stipulated period, therefore estopped from making the buyer accept delivery

Question 2

s.11:

Allen v. Danforth Motors Ltd.

Answer 2

• the timing of delivery was NOT a condition of essence - not entitled to the price of the car
• ## no time fixed for delivery in the contract, therefore the obligation was to deliver within a reasonable time

Question 3

s.11:

Chas. Rickards Ltd. v. Oppenheim

Answer 3

• initially, the buyer granted the extension, so estopped making the timme argument
• however, later made it a condition of essence by delivering a notice and pressing for delivery

Question 4

s.11:
Sunstrum Ranching Co. Ltd. v. International Building Systems Ltd.
- notice

Answer 4

• buyer could not recover deposit, because he was at fault
• he waived the delivery time then failed to give an adequate notice, leaving the seller to believe that the buyer was still eagerly waiting for the good

Question 5

SGA s. 11: stipulations as to time

Answer 5

Whether any other stipulation as to time is of the essence of the contract or not depends on the terms of the contract