Breach Of Contract Cases

Front 1

TURNBULL V MCLEAN

Back 1

Selling and buying coal - counterpart obligations - mutuality

Front 2

GRAHAM

Back 2

contract breakers can enforce the contracts they break up to the point of breach

Front 3

BANK OF EAST ASIA

Back 3

Money paid up to the date of breach had to be paid

Front 4

INVERESK V TULLIS RUSSEL

Back 4

Mini contracts - breach counts in different contracts as long as it's under the same transaction

Front 5

WADE V WALDON

Back 5

Definition for material breach - when breach is of stipulations at the root of the contract - comedian failed to give prior notice but viewed as not a material breach

Front 6

WHITE V CARTER

Back 6

You dont have to rescind, can affirm contract

Front 7

LINDLEY CATERING V HIBS

Back 7

If party has a chance to resolve breach he should be given that chance

Front 8

COURT OF SESSION ACT 1988

Back 8

Interdict and interm remedies

Front 9

HIGHLAND & UNIVERSAL V SAFEWAY

Back 9

Wanted to end lease earlier than contracted. keep open clause used specific implement

Front 10

DUNLOP PNEUMATIC TYRE V NEW GARAGE

Back 10

Liquidated damages enforceable due to contract breach

Front 11

WATSON LAIDLAW V POTT CASSALS

Back 11

Compensation authority - restore person who sustained injury to their state prior to injury

Front 12

RUXLEY ELECTRONICS V FORSYTH

Back 12

Cost of cure of too shallow swimming pool

Front 13

ATTORNEY GENERAL V BLAKE

Back 13

Spy published book of secrets and gov sued publishers but was no loss so got damages measured from spys gain instead

Front 14

WILSON V CARMICHAEL & SONS

Back 14

Wrong cabbages. loss of profit but he ought to have realised - was careless so causation and limit on damages

Front 15

HADLEY V BAXENDALE

Back 15

Damages should arise naturally from contract or special circumstances aware to parties when the contract was made. Mill wheel broken and delay in return. No damages since urgency was not stated in the contract

Front 16

VICTORIA LAUNDRY

Back 16

Can only recover reasonably foreseeable loss. purchaser of laundry machines delivered late and recovered profits they would have had if it had arrived on time

Front 17

AURDAL V ESTRELLA

Back 17

A sold ship to B which was assigned to C for delivery to pass spanish laws No consent was needed from A to do this. Assignation law.

Front 18

JAMES SCOTT V APOLLO

Back 18

Assignation was not valid due to limitation clause stating that other party must be consulted

Front 19

CARMICHAEL V CARMICHAEL

Back 19

Father took out life ensurance for son to pay back when he reached 21 but he died in the war before completing contract. Not clear who money belonged to
1) intention to convey right
2) intended to be irrevocable
3) 3rd party clearly identified

Front 20

CUTHBERTSON V LOWES

Back 20

Potatoes sold at illegal measurements through statute. could not sue on contract so UE used to recover value of potatoes. illegal contract

Front 21

BARR V CRAWFORD

Back 21

Bribery of public official. contract to do something illegal

Front 22

ST JOHN SHIPPING

Back 22

Illegal manner of lawful contract. overloaded ship so had to pay fine

Front 23

TAYLOR V CADWELL

Back 23

Concert hall burnt down so contract was impossible -frustration

Front 24

JAMES FRAZER V DENNY MATT

Back 24

Regulations during WW2 made contracts illegal

Front 25

DAVIS CONTRACTORS V FAREHAM

Back 25

frustration definition - not fault of either party
1) frustration
2) circumstances changed
3) without parties fault
4) performance radically different
5) contract incapable of being performed