Example sentences of "[to-vb] the contract as " in BNC.
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1 | If B is threatened with a breach of contract he may be able to treat the contract as repudiated and sue for anticipatory breach or , of course , he may await the breach and then sue for damages . |
2 | The buyer 's right to treat the contract as repudiated arises in the same circumstances as his right to reject the goods , i. e. if the seller commits a breach of condition or a breach of warranty which deprives the buyer of substantially the whole benefit of the contract ( see paragraph 7–04 , above ) . |
3 | To exercise his right to treat the contract as repudiated by the seller 's repudiatory breach , the buyer must inform the seller that he regards the contract as at an end . |
4 | If that breach ‘ goes to the root of the contract ’ or deprives the other party of ‘ substantially the whole benefit of the contract , ’ then it entitles the latter to treat the contract as repudiated and himself as discharged from it . |
5 | Of course , if delivery is late the buyer may accept late delivery thereby waiving his right to treat the contract as repudiated . |
6 | The second main proposal relates to the buyer 's rights to reject the goods and to treat the contract as repudiated because of a breach of one of the conditions in sections 13–15 . |
7 | Under the general law of contract ( on which see Chitty on Contracts , Chapter 24 ) repudiation gives the other party the right to treat the contract as being at an end and to claim damages for wrongful termination : the alternative right to insist on performance would be meaningless in this context . |
8 | Moreover even if it had been , there was no evidence that the plaintiff had accepted the repudiation by electing to treat the contract as at an end . |
9 | Similarly , breach of condition by the buyer allows the seller to treat the contract as repudiated and terminate it . |
10 | There has been much confusion here mainly because the SGA 1979 uses the words " condition " and " warranty " as technical expressions , the breach of which gives the right to treat the contract as at an end in the case of a condition ( s11(3) of SGA 1979 ) , or in the case of a subsidiary term like a warranty , the breach of which only sounds in damages ( s61(1) of SGA 1979 ) . |
11 | In respect of a registered contract the obligations of LCH are declared to be , as counterparty , to perform the contract as principal in accordance with the regulations , but subject to certain specified restrictions . |
12 | The law classifies breaches of contract into two categories , first , breaches of a less serious nature which entitle the innocent party only to damages and secondly , more serious breaches which give him also the option to regard the contract as repudiated . |
13 | By his waiver he had lost his right to regard the contract as repudiated on March 20 , but in the circumstances it was a condition of his waiver that delivery should take place as soon as possible . |
14 | Thus , if the buyer is late in making his nomination , the seller is entitled , if he wishes , to regard the contract as repudiated ( i.e. entitled to refuse to supply the goods ) . |
15 | However , at any time before the purchaser 's title is fed ( i.e. before the seller obtains ownership ) , the buyer is entitled by virtue of the seller 's breach of condition to regard the contract as repudiated , to reject the goods and thus to reclaim the price on a total failure of consideration . |