Business Transactions
...breach of the contract, it must be determined whether the colour and the size of the cupboards are a condition or a warranty to the contract. Since the colour hasn’t been mentioned in the contract, and Jack points this out, the colour may be a warranty. Logically, Mary may have mentioned what colour she had wanted for her cupboards, yet this isn’t mentioned thus she may be able to sue for damages to simply recover her costs or even get specific performance so that Jack is forced to supply the cupboards in a colour that Mary approves of, although this type of remedy is highly to the contract because it is vital that the cupboards fit properly in Mary’s kitchen. In this case Jack would be liable for damages because of the clear breach of ...