constituted
fundamental breach of contract vitiating the entire contract. He then
referred to Hudson’s espousal of fundamental breach of contract which,
according ... standard text in all engineering and building
contracts. It is, therefore, apparent that the factors which weighed in the
Arbitrator’s mind in the first
contract unless it is in all the
circumstances reasonable,"). Reference was also made to Investors
Compensation Scheme Ltd v West Bromwich Building Society ... endeavour of commercial courts
to look to implied terms of contract. In the current day and age,
making of contracts is a matter of high
that it was ready and willing to
perform its part of the contract.
Regarding Point (a)
15. This point is crucial for the decision ... Delhi for the sale of an agricultural farm with building etc.
measuring 12 Bighas and 8 Biswas (as per mutation dated
21.3.93) located at village
land itself, with an added obligation (spelt out in
the original contract) that the development of the roads and amenities would
be undertaken after ... cannot be
said to have made the performance of the contract impossible
and the contract has not been frustrated
over the prior claim of the
Bank. It was submitted that the contract for sale of the property was subject
to the vendor/ first defendant ... liabilities, and redeeming the
mortgage. Since that could not be done, the contract for sale of the property
could not be fulfilled. Counsel submitted that
Inder Kumar Kathuria vs Krishan Kumar Kathuria And Ors. on 3 October, 2013
Author: S
M/S Pearl Developers Pvt Ltd vs M/S Universal Land And Finance Co on
