M06 Assignment_Breach of Contract Exercise
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Ivy Tech Community College, Indianapolis *
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Jan 9, 2024
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BREACH OF CONTRACT EXERCISE
1
M06: Breach of Contract Exercise
Ivy Tech Community College, Indianapolis
LOGM 228: Principles of Procurement
BREACH OF CONTRACT EXERCISE
2
ABC Company has a contract with XYZ to buy 600 golf balls, to be delivered to
ABC Company on July 16. The contract states that “time is of the essence.” On July 18,
XYZ Company delivered the 600 golf balls to ABC Company. ABC Company refuses to
accept the golf balls because of the delay and sues XYZ Company for breach of contract.
How should the judge rule? Be specific in your answer! Was there a breach
(why/why not)? If so, how could the breach be cured? What legal aspects of contract
writing did you use to make your decision?
A contract is an agreement that can be enforced by law. To be considered a valid contract,
it must have at least two parties, an exchange of consideration, legitimate consent, and the ability
to be enforced by law. Legitimate consent means that the parties involved must be of legal age
and not under any undue influence or coercion. Additionally, if the contract specifies certain
requirements, both parties must fulfill them without fail. For instance, if the contract stipulates
that the seller must provide the buyer with a specific product, the seller must provide only that
product.
In the current situation, time is of the essence in a particular contract. Both parties agreed
that ABC company would provide the product to XYZ company on July 16, and the former
company must deliver the goods on that date. However, ABC company delivered the items on
July 18, which is two days late. As a result, XYZ company has the right to cancel the contract
and return the goods to the seller. This is because the contract specified that time is of the
essence, and the delay caused XYZ company to suffer losses. The seller must compensate for
any such losses incurred by the buyer. Therefore, the petitioner cannot claim any remedy for
breach of the contract since the terms and conditions explicitly refer to the importance of time.
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