Sellers Remedies for Breach of Contract by a Buyer Essay

Sellers Remedies for Breach of Contract by a Buyer - Essay Example The aim of the paper is to analyze the adequacies of the remedies available to a seller in the event of the breach of contract by a buyer. B. Remedies Available To the Seller in Case a Buyer Breaches Contract Any breach of a valid and binding contract gives the aggrieved party the right to sue for damages from the party that has breached the contract4. The English law of contract provides certain remedies to an aggrieved seller whose contract has been breached by a buyer as noted by Whincup5. It is worth noting that unlike buyer’s remedies that are dependent on the acceptance of an offer, seller’s remedies for breach of contract does not depend on the acceptance of the contract6. According to Rowan, regardless of whether the buyer has accepted the goods or not, a breach of the contract entered into with the seller gives the seller the right to sue for incidental damages or sue the buyer for fraud or third-party tort in case the seller still has an interest in the goods7 . The law of contract states that in the event that a buyer wrongfully revokes acceptance, rejects goods, or refuses to pay the amount due in respect of the goods before delivery, the seller is entitled by law to withhold the goods until the buyer pays the total amount due as agreed in the contract. Secondly, the seller also has the right under the law to stop delivery of the goods by any bailee or resell the goods to recover the damages. The law also permits the seller to recover damages from the buyer for non-acceptance of the goods or a price in some cases8. In addition, the seller is also allowed by law to cancel the contract altogether after giving the buyer in breach a notice and after allowing them more time to make up for their breach according to Article 64(1)(b) and Article 63(1) of the CISG9. 1 Seller’s Right to Damages The seller can claim damages from the buyer as long as they result from a breach of contract and the damages are not too remote according to Articl e 61(1)(b) of the CISG10. Essentially, the damages that the buyer pays the seller is aimed at putting the seller in the position he/she would otherwise have been had the contract well performed (Robinson v Harman [1848]) 11. Hadley v Baxendale ([1854]) 12 present the principles of remoteness in respect of damages. For damages to be applied to a party in breach of contract, the losses that the aggrieved party suffers must naturally flow from the breach. Alternatively, the losses that arise from possible breach of contract must have been contemplated by the parties to the contract. Some specific types of contracts are subject to legislation that prescribe remedies in the event a party breaches the contract. A contract that involves the sale of goods, for example, allows a party to recover special damages in line with section 54 of the Sale of Goods Act 1979 (SGA). A seller can claim compensation for reliance loss in case it is not easy to prove loss of expectation (Anglia TV v Reed [1 972])13. As exemplified in Jarvis v Swans Tours Ltd [1973]14and Jackson v Horizon Holidays  [1975]15, a seller can successfully claim damages for mental distress or disappointment in case the contract is, for example, a holiday contract.  

Government Involevement in Promotion of Chinese and Asian Cities Essay

Government Involevement in Promotion of Chinese and Asian Cities - Essay Example This has been a fourth consecutive year that china has been recording an economic growth of 10 percent. There have also been marked growth in other nations like Cambodia, Lao People Democratic Republic, Mongolia, and Vietnam which have been recording a growth of 7.5-10.5 percent. Malaysia, Indonesia, Philippines and Thailand have recovered a moderate growth at the rate of 5-6 percent annually while Papua New Guinea and other Pacific Island countries recorded a pickup in growth in the same period. However political unrest in other country as Timor-Lest and Tonga saw the two countries record a poor growth. There has been declining poverty in the region with number of those living below the poverty line or on less than 2 dollars reducing to 30 percent of the population in the region. (The World Bank 2007, p. 3) This growth has been attributed to number of factors which has been stimulated by revolution in the economic outlook and increased investment in the region. There has been strategy that have been carried out by the government with the support of the private sector which has seen an increased growth in the economy with promotion of trade and enhancing environment for appropriate governance. This has seen increased social order and growth of new settlements in cities. However the financial sector has been plying a crucial role in the development of infrastructure in the region which has been the bases for the improved economic growth. (Xinhua 2005, p. 65) One of the most import characteristic of the emerging Asian Tigers has been growth in new settlement and commercial cities. There has been emergence of skyscrapers and well managed cites which have integrated the need to integrate environment sustainability and beautiful secure cities. There has been emergence of some cities like Tokyo, Shanghai, and others which are the hub of the commercial activities in the region. This has been as a result of consorted efforts from the government and from the private developers where the government provides for the planning while the private developers provides for funds. (NMA 2008, p. 7) It is not enough to developed secure and beautiful cities which are not open to the world. Therefore there have been efforts which have been aimed at promoting these cities to the outside world in order to make them a choice for majority of the investors. This is because most of these cities have been built based on commercial activities and hence their promotion has also been assessed on the commercial viability of these companies. There has also been effort in ensuring the there is an increased level of awareness from the citizens about the need to take care of their cities in order to maintain them. Therefore we can say that the effort of the Asian government to promoted their cities have been aimed on the outsiders and also on the citizens of the countries especially the residence of these cities in order to enhance capacity building and maintenance for the cities. (Hirgik 2006, p. 4) There have been efforts that have been provided by the government of these cities that have been aimed at making sure that they become competent cities in the world. This is because the more attractive the cities are, the more they are likely to attract FDIs which are the factors that