Part 3
Sale of goods
Performance of contract:
Rules about delivery
166Instalment deliveries: breach of contract
This section applies if—
- there is a contract for the sale of goods to be delivered by stated instalments, which are to be paid for separately; and
- either or both of the following occur:
- the seller makes defective deliveries in respect of 1 or more instalments:
- the buyer neglects or refuses to take delivery of, or pay for, 1 or more instalments.
- the seller makes defective deliveries in respect of 1 or more instalments:
Whether the breach of contract is a repudiation of the whole contract or whether it is a severable breach that gives rise to a claim for compensation but not to a right to treat the whole contract as repudiated depends on the terms of the contract and the circumstances of the case.