Winston Graham Vs Alan Daly
In the case of Winston Graham who is a partner in a large firm of Antique dealers, and Alan Daly who is the proprietor of Daly car sales ltd a commercial vehicle dealer who specializes in vans and light trucks, Antique dealers buy and sell large pieces of valuable furniture and they need a minimum of three vans to cope with regular deliveries and purchase of furniture in the course of their business. Unfortunately one of the firm’s vans was written off in an accident and thus Winston was asked to find an urgent replacement immediately. On visiting Daly car sales ltd Winston spoke to the proprietor and outlined his requirements for an urgent replacement of a van which led them to engage in a contract of sale of goods.
A contract is a legally enforceable agreement between two or more parties with mutual obligations. The remedy at law for breach of contract is “damages” or monetary compensation. In equity, the remedy can be specific performance of the contract or an injunction. Both remedies award the damaged party the “benefit of the bargain” or expectation damages, which are greater than mere reliance damages, as in promissory estoppel.
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