Was the contract was performed in that an offer was made and accepted, assume consideration paid, vehicle was delivered (was there a date the contract was condition upon - 1st May?).
Is there a breach of contract if the compensation provided for under the contract is paid?
�2,000.00 per week (note it says damages rather than penalty) x 8 weeks (if calculated that way) = �16,000.00
As the contract specified damages then is he entitled to claim for further damages as damages were pre-set? Would that be just and equitable?
Was there an indemnity against further action for damages in the contract? Would it be effective?
Can it be classes as damages under a contract or is more of a penalty clause?
Should the contract have been negotiated with a penalty clause leaving it open for further damages to be claimed ie the loss incurred (�7,000.00 and �3.000.00 = �10,000.00). The liability be mitigated?
As there was a clause providing for for late delivery is this an indication that this was a feasible possibility and, therefore, should there have been reliance on it? What was the intention behind the clause? Or, should it have been delivered by the first of May.
Could there be a claim for more than percuniary loss eg loss of profit (on reliance)? Damage to reputation etc...?
Is the contract term fair? It was agreed to. Does that matter?
If additional payment had been already agreed for late delivery, would this presume that it was an amount agreed to cover loss caused by late delivery and, if so, should Posh Ltd be entitled to claim for more?
If they are should the additional "compensation" be deducted?