Breach of Demolition Agreement and Agent’s Liability Issues
Article 1d, Mr. Sanchai Sanyananayai, on June 1, 2545, issued a letter agreeing to demolish buildings and structures from the land within the date of 30th November, whereby Mr. Sajjaja agreed to pay Mr. Sanchai a demolition fee of 5,000 baht. Mr. Sanchai removed the constructed buildings from the land and sold the buildings together with the structures to Mr. Somwong by on July 2545, whereby Mr. Somwong had a duty to perform the demolition work, transferring the claim for the demolition fee that Mr. Sajjaja would pay to him, and Mr. Somwong had notified the transfer to Mr. Sajjaja. Subsequently, Mr. Sanchai and Mr. Somwong still did not demolish the buildings and structures. Mr. Sanchai requested Mr. Sajjaja to enforce against Mr. Somwong directly, requesting the court to consider whether Mr. Sajjaja could sue Mr. Sanchai and Mr. Somwong to demolish and remove the buildings and structures.
Answer: The fact that Mr. Sanchai sold the buildings and structures to Mr. Somwong does not constitute a breach of contract, as Mr. Sanchai was obligated to demolish the buildings and structures and remove them from the land by November 30th, as stipulated in the agreement with Mr. Sajjaja, and he notified Mr. Sajjaja of the 5,000 baht payment. This only resulted in Mr. Sanchai having the right to receive 5,000 baht from Mr. Sajjaja; it did not include the obligation for him to demolish the buildings and structures. Since the deadline passed and Mr. Sanchai did not demolish the buildings and structures, Mr. Sanchai became in breach of contract and directly infringed upon Mr. Sajjaja’s rights. Mr. Sajjaja could therefore sue Mr. Somwong.
Relevant Sections: Article 213, Article 420 (7) of the Civil and Commercial Code.
Regarding Mr. Somwong, he was on the land as an agent of Mr. Sanchai. Mr. Kitja sued to evict Mr. Somwong and ordered Mr. Somwong to demolish and remove the buildings and structures of Mr. Somwong from Mr. Kitja’s land.
Examination Question and Answer Key for Recruitment Examination for Assistant Prosecutors, Year 2546. Subjects: Criminal Law Evidence, Royal Thai Judiciary, Bankruptcy Law, Constitutional Law, Court of First Instance Jurisdiction Law, Criminal Jurisdiction in the Court of First Instance, Family Court Jurisdiction and Summary Proceedings, Juvenile and Family Court and Proceedings, Administrative Law, Intellectual Property Law, or International Trade Law, Public Prosecutors Law, and English.
The Plaintiff executed a land transfer agreement with a deed to the Defendant at a price of