However, Yuippe breached express terms of the contract by not paying the first instalment because the contract stipulates that payment to make after 30 days of the delivery. In a commercial contract, the time of delivery is normally of the essence. If, the date is stipulated and if the buyer fails to give the payment that is a breach of condition.
Therefore, the seller is entitled to repudiate the contract and sue for payment. In Hartley v Haymans [ 1902] 3 K. B. 475 the court was held that the time of delivery is a prima facie of the essence in commercial law. In Charles Rickards Ltd v Oenheim [ 1950] 1 K. B. 616 it was held that the notice had again made the time of essence. Section 61 of the SGA defines the delivery. In addition to, Yuippe requested Haks to make second delivery and would pay both instalments within 30 days of the second delivery to which Haks agreed. Yet, Yuippe did not settle the invoice with stipulates of 30 days but convinced Haks to make third delivery and Haks agreed to do that as well.
A condition is an important or central term of the contract. In Bunge Corporation v Tradax SA [ 1981] 2 All ER 513 the commercial significance of punctual compliance with stipulation time must be taken into an account, so that at common law where the late payment is not repudiatory. Therefore, punctual payment is an essence of a condition. As discussing from this case, if punctual payment is a condition of a contract, then Yuippe breached the contract in first and second delivery. In any contract, each consignment was to be paid separately, and if the parties agree that
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