Question
Maria owns a very successful ice-cream business, owning a number of stores over the country. She has formed a number of contracts which she is
Maria owns a very successful ice-cream business, owning a number of stores over the country. She has formed a number of contracts which she is concerned about. She would like some advice on whether she has to continue under the contracts or might be able to opt out of them in some way.
1.The first contract Maria has is with a supplier of industrial ice-cream machines for the opening of five new stores. The ice-cream machines are worth Le1,000,000each and this supplier is the only one in the country. Maria has ordered five of these machines but the supplier has only given her four, and has told her they do not have the fifth one.
What is the result of this breach of contract? Can Maria repudiate the whole contract? Ideally, Maria would like to keep the four machines.
2.Maria is not particularly happy with the price of her leasehold agreement in herMakenistore. After speaking to the owner of the store next to her, she has found out they are paying half the price that she is. After learning this, Maria wishes to attempt to discharge her obligations under the lease and renegotiate the price. After studying the contract, Maria has found a term which states 'it is a condition of the contract that the property will be re-painted by the owner of the land before the tenancy starts'. The tenancy has started and the property was not re-painted.
Can Maria rely on the breach of this condition in order to discharge her obligations under the contract?
3.Maria has a contract withRuubafor the supply of ingredients for her ice cream. The contract runs for another six months, but both parties wish to discharge their obligations under the contract.
Can they do so, and if so, how should they go about this?
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