Commentary

179.4 Delivery in instalments—failure by consumer to take or pay for an instalment

COMMERCIAL CONTRACTS vol 7(2)
| Commentary

179.4 Delivery in instalments—failure by consumer to take or pay for an instalment

| Commentary

179.4 Delivery in instalments—failure by consumer to take or pay for an instalment

If the consumer neglects to or refuses to pay for or take a delivery of one or more instalments of goods then whether or not a trader is entitled:

  1. 179.4.1

        to treat the contract at an end; or

  2. 179.4.2

        if it is a severable breach, to claim damages, but not a right to treat the whole contract as at an end1,

is subject to the terms of the contract and the circumstances of the case2.

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