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26 Cards in this Set
- Front
- Back
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when does discharge by breach happen |
when one or both contractual parties fail to perform their obligations |
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what can an innocent party claim from a breach |
1 damages 2 an order for performance of the contract 3 terminate the contract 4 a combination of these remedies |
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whats the 2 kinds of discharge contract termination |
discharge by repudiatory breach discharge by anticipatory breach |
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what does discharge by repudiatory breach allow an innocent party to do |
allows an innocent party to claim damages and repudiate/terminate the contract |
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what does discharge by anticipatory breach allow an innocent party to do |
terminate a contract when a breach has not yet occurred |
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when can an innocent party terminate a contract under discharge by anticipatory breach |
where it is clear that another party will not perform his/ her main contractual obligations under a contract |
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when considering whether something constitutes a repudiatory breach of contract what do we need to look at |
the nature of a breach that is used by an inno party to terminate a contract |
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what are the 3 diff methods used to assess the nature of a breach |
1 the court can construe a contractual term as srs/ not srs 2 contract can define what breaches entitle termination of a contract 3 statutory law says which breaches of implied terms are regarded as srs and which arent |
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how do courts construe a contractual term as serious/ not serious |
classifying into conditions, warranties and innominate terms |
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what is not enough of contractual parties when stating in a contract which breaches will be considered srs enough to terminate a contract |
mere labelling |
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what case says the word condition did not mean that a breach of it will necessarily result in a srs breach |
L Schuler AG v Wickman Machine Tools Sales Ltd |
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what case says that common sense requires the Council’s right to terminate the contract is limited only to breaches that are repudiatory |
Rice v Great Yarmouth Borough Council |
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what does s13 of the SGA say about the seriousness of implied terms |
implied terms on description/ fitness/ purpose/ satisfactory quality/ correspondence with sample are conditions |
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what does s15 of the SGA say |
breaches of s13,14and 15 may be regarded as a breach of a warranty |
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what does s15 of the SGA say |
breaches of s13,14and 15 may be regarded as a breach of a warranty |
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if its a breach of warranty rather than condition is this sufficiently serious for the termination of a contract |
there needs to be an interpretation and evaluation of the consequences of the breach to determine if the inno party can terminate the contract |
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what does s20 of the CRA say about the short term right to reject |
has to be exercised within 30 days of the transfer of goods |
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when does s20 and 24 of the CRA say the consumer can repudiate the contract |
if the goods are still faulty after one repair/replacement if trader has failed to repair items in a reasonable time frame if repair replacement is impossible |
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when does s20 and 24 of the CRA say the consumer can repudiate the contract |
if the goods are still faulty after one repair/replacement if trader has failed to repair items in a reasonable time frame if repair replacement is impossible |
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what happened in Hochester v De La Tour that is an example of termination of a contract under discharge by anticipatory breach |
travel agent could terminate the contract and claim damages in advance of the date of performance of the contract |
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what did Lord Cockburn say in Frost v Knight |
there can be a breach of contract when the promisor repudiates the contract and declares he will no longer be bound by it |
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what did Lord Cockburn say in Frost v Knight |
there can be a breach of contract when the promisor repudiates the contract and declares he will no longer be bound by it |
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whats an example of a case where an inno party was able to claim damages for breach of promise |
Frost v Knight |
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what did Lord Cockburn say in Frost v Knight |
there can be a breach of contract when the promisor repudiates the contract and declares he will no longer be bound by it |
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whats an example of a case where an inno party was able to claim damages for breach of promise |
Frost v Knight |
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what case says damages that an inno party can claim will be limited to the inno party’s actual loss from the breach |
Golden Strait Corpn v Nippon Yusen Kubishika Kaisha |
