Breach

Question 1

What are the two types of breach (contract)

Answer 1

Actual - failed to perform obligations
Anticipatory - gives notice of failure, can sue immediately or wait for breach

Question 2

What are the types of terms that can be breached? (contract)

Answer 2

Condition - main terms, contract ends- rebuttal (Poussard v Spiers)
Warranty - minor terms, contract can continue and damages claimed (Bettini v Gye)

Question 3

What are the two types of remedies in breach of a contract?

Answer 3

-Compensatory damages
-Equitable remedies

Question 4

What are the types of compensatory damages under breach of a contract?

Answer 4

Loss of a bargain - profits C expected if contract completed, loss of chance included (Chaplin v Hicks)
Reliance loss - wasted expenditure spent in advance of contract
Restitution - repayment of benefits/money given to D

Question 5

What is the side rule of compensatory damages in breach of a contract?

Answer 5

Duty to mitigate loss - reasonable steps must be taken by C to minimise effects

Question 6

What is an equitable remedy?

Answer 6

An order from the court when damages wouldn’t adequately bring justice

Question 7

What are the three types of equitable remedies?

Answer 7

-Injunction
-Specific performance
-Rescission

Question 8

What is specific performance? (contract)

Answer 8

Ordering one party to perform their contractual obligation

Question 9

What is rescission? (contract)

Answer 9

Parties are returned to their pre-contract position