Mr. A and Mr. B are friends of each other and both have their factories in textile zone in the famous city of Faisalabad. Mr. A produces Yarn whereas Mr. B produces Cloth. On receipt of a written order from Mr. X, a Cloth retailer from Gujranwala, Mr. B signed an agreement to deliver a specific variety of Cloth suitable for summer season at a specified rate. It was further decided that Mr. B will deliver Cloth in the first week of April 2015 and Retailer in turn will pay for them by second week of April 2015.
In order to produce the Cloth for Mr. X, Mr. B placed an order for specified quantity and quality of Yarn to deliver in January 2015 to Mr. A via phone call. Mr. A accepted the order but later failed to fulfil his promise. Consequently Mr. B could not produce and deliver Cloth to Mr. X on the promised date.
When Mr. X blamed Mr. B for non-performance of his part of contract and requested to compensate him for his loss, Mr. B told him that he could not produce his consignment because Mr. A did not provide him Yarn timely so contact Mr. A for your compensation. Mr. A pleads that he could not perform his part of contract due to extreme load-shedding which was beyond his control.
Required:
1. What remedy, if any, is available to Mr. X?
2. Who is responsible for loss of Mr. X?
3. If Mr. X files a suit against Mr. A and Mr. B for compensation, what should be the decision of court?
4. What is verdict of law regarding non-performance of contract by Mr. A?
1 Comment
Gull Hassan Khan
11/12/2015
1. What remedy, if any, is available to Mr. X?
Ans: Yes, Mr X should file a suit for compensation and damages for loss for no compliance of agreement against Mr. B only. as he has no concern with Mr. A or other circumstances unless written in agreement.
2. Who is responsible for loss of Mr. X?
Ans : definitely , Mr, B who made a contract is responsible for loss.
3. If Mr. X files a suit against Mr. A and Mr. B for compensation, what should be the decision of court?
Ans: Mr X ll file a suit against Mr B only otherwise court may delete his name from suit. if stated fact are true then definitely court ll decree the suit against Mr. B.
4. What is verdict of law regarding non-performance of contract by Mr. A?
Ans: Mr B may take action against Mr A for same cause of action and court ll also compensate him for his loss and reputation.
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