Question: Bruce and Sid eventually agree to terminate their contract and Sid pays Bruce the agreed price of $200 per boomerang for the 750 boomerangs Sid

Bruce and Sid eventually agree to terminate their contract and Sid pays Bruce the agreed price of $200 per boomerang for the 750 boomerangs Sid has received. However Sid is unhappy with the outcome, as he feels he had clearly specified to Bruce that the boomerangs had to be delivered by the end of January. The reason Sid needed the boomerangs then was because he had made a separate contract with a tour company to supply boomerangs for a large group of tourists leaving Australia in early February. The tour company agreed to pay Sid a commission of $500 if he provided 1000 boomerangs before the group left Australia. However Sid had not told Bruce about this other contract or the commission he was to receive under it.

1. What wording could Sid have used in the contract to ensure the timeframe of delivery by the end of January was a condition of the contract?

2. Can Sid claim the $500 commission he has not been paid by the tour company as damages from Bruce? Why, and what case law applies?

3. Other than damages, are there any other remedies that Sid can ask the court to order against Bruce? In what circumstances might they apply?

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