If under contract a party requires a part made using one of their molds but does not deliver the old mold to the company by the agreed date thus delaying the process of the seller making a new mold, is the seller responsible for making a new model in breach of contract even though it was the responsibility of the buyer to deliver the old mold in order for the new mold to be made by the seller?
Answer
if the delivery of the old mold is a prerequisite of the Seller making a new mold then the obligation of the Seller cannot begin until the mold is delivered. What does the contract say if says must be delivered by a certain date and not delivered by that date that may void the contract if no date is specified then in a reasonable period is implied. if the mold was received in a reasonable amount of time obligation may still exist. All this depends on an interpretation of the terms of the contract or if not provided then under applicable rules of interpretation. I suggest you review the facts and contract with an attorney to get a more through opinion of how the facts apply to your situation.
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