Court of Appeal Wellington
4, 25 May 1998
Henry, Blanchard and Tipping JJ
4, 25 May 1998
Henry, Blanchard and Tipping JJ
Contract — Sale of goods — Rescission — Anticipatory breach — Losses within reasonable contemplation of parties — Due date for delivery of goods — Respondent contracted to purchase goats for export to the United States — Respondent to add value before export by fertilisation with pure-bred embryos — Appellants unable to deliver on time or in numbers agreed — Whether appellants had knowledge of respondent's intended use — Whether respondent entitled to rescind for anticipatory breach — Sale of Goods Act 1908, ss 2 and 32(1).
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