CAPE Law Unit 2 · 2006 · Paper 2 · Question 6

Mary contracts to supply Ramnaresh with fish cake batter for a three-day fair: 100 fish cakes' worth each day at 6:00 a.m. at his home (fair opens at 8:00 a.m., he leaves home at 6:30 a.m.). On day one, Mary delivers batter for 50 fish cakes at 1:00 p.m. at the fair venue. Ramnaresh rejects delivery and terminates the contract. Mary claims compensation for materials purchased.

Explain the legal considerations regarding Ramnaresh's right to terminate the contract for breach without incurring liability to Mary.