Breach

Question 1

What is a breach of contract?

Answer 1

When a person, without lawful excuse fails or refuses to perform what is due from him under the contract, or performs defectively/incapacitates himself from performing

Question 2

What is repudiatory breach

Answer 2

A breach which gives the other party the right to terminate performance

Question 3

What is the difference between a primary and secondary obligation?

Answer 3

Photo production v securicor- Primary obligations remain unchanged but the breach of such gives rise to secondary obligations

Question 4

What are the implications of affirmation?

Answer 4

Contract remains in force. Parties are bound to continue performance of their respective obligations

Question 5

What is anticipatory breach?

Answer 5

A party makes it known that they will not perform their obligations before the time for performance.

Question 6

What is the effect of anticipatory breach for the innocent party?

Answer 6

C can claim for damages before the time fixed for performance

Question 7

Hochster v De la tour

Answer 7

D agreed to employ C as a courier and travel with him
D Prior to performance, informed C that he would no longer require C’s services
C did not have to wait until the actual breach occurred to claim damages

Question 8

White and Carter v Mcgregor

Answer 8

C agreed to advertise D’s garage
C anticipated a breach but continued performance
C had the right to do so

Question 9

What qualifies this right?

Answer 9

IF performance is impossible without the cooperation of the other party, C must accept the breach Hounslow v Twickenham Gardens

Question 10

Isabella Shipowner v Shagang Shipping

Answer 10

C must have a legitimate interest in continuing performance. If the innocent party acts wholly unreasonably or peversely, courts may refuse the innocent party to continue