Consider is the nature of contract

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Another factor to consider is the nature of a contract. An entire contract demands full performance; even minor breaches can justify termination if they impact the contract's core purpose. In contrast, a divisible contract allows performance in parts, so defects in some parts may not justify terminating the entire agreement. This contract appears to be a divisible, as Each monthly consignment and corresponding payment ($8000) can be seen as a separate unit of performance, allowing for the contract to be divided into parts. However, the use of "shall ensure" in Clause 14, rather than more stringent language, might provide SoyBB some flexibility if most cartons were compliant.

Reference no: EM133808883

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