contracted amount of 1,000 tons and seeks to deliver the shortfall two weeks later, the buyer has the right to reject the whole consignment. The effect of s 31(2) is that, in order to decide whether defective deliveries or refusal to pay or take deliveries is to be regarded as a repudiation giving rise to the right in favour of the innocent party to treat his own performance obligations as being at an end is a question of fact in each case. It has been held that what has to be considered in these circumstances is the ‘ratio quantitatively which the breach bears to the contract as a whole’ and the likelihood that the breach will or will not be repeated.

DOI link for contracted amount of 1,000 tons and seeks to deliver the shortfall two weeks later, the buyer has the right to reject the whole consignment. The effect of s 31(2) is that, in order to decide whether defective deliveries or refusal to pay or take deliveries is to be regarded as a repudiation giving rise to the right in favour of the innocent party to treat his own performance obligations as being at an end is a question of fact in each case. It has been held that what has to be considered in these circumstances is the ‘ratio quantitatively which the breach bears to the contract as a whole’ and the likelihood that the breach will or will not be repeated.

contracted amount of 1,000 tons and seeks to deliver the shortfall two weeks later, the buyer has the right to reject the whole consignment. The effect of s 31(2) is that, in order to decide whether defective deliveries or refusal to pay or take deliveries is to be regarded as a repudiation giving rise to the right in favour of the innocent party to treat his own performance obligations as being at an end is a question of fact in each case. It has been held that what has to be considered in these circumstances is the ‘ratio quantitatively which the breach bears to the contract as a whole’ and the likelihood that the breach will or will not be repeated.