The Results of the Expected Violation
- Buying an apartment in Israel
- The Sales Contract
The injured party must not activate his remedies immediately but may do so. If he wants, he may rely on the expected violation and trigger his response already.
If he wants – he can wait until the specified time when the expected violation will become a violation.
It should be noted that since the law gives a choice to the injured party, the violator will not be able to claim the obligation to reduce the damage under section 14 of the Contracts Act.
And in the example we gave above: the buyer sees the seller dismantling air conditioners and cabinets even though he undertook to deliver the apartment in a week along with the air conditioners and cabinets.
The buyer wanted to go to court now with an order instructing the seller to stop dismantling the air conditioners and cabinets.
If he wants, he may wait a week and then sue the seller for breach of contract and damages.
If the buyer chose the second option – the seller, for his part, could not claim that the buyer should have filed the lawsuit when he saw him dismantle the air conditioners and cabinets, thus preventing the seller from more significant damage.