breach

Question 1

actual breach

Answer 1

party has failed to perform their obligations under the contract

Question 2

actual breach of condition

Answer 2

POUSSARD v SPIERS- contract is repudiated and can claim damages

Question 3

actual breach of warranty

Answer 3

BETTINI v GYE- contract must carry on but damages can be claimed

Question 4

anticipatory breach

Answer 4

when a party gives notice in advance that they will not be performing or completing the contract- claimant chooses to sue immediately or wait for breach to happen then sue

Question 5

compensatory damages

Answer 5

must prove damage was caused by D’s breach. Damages are meant to place claimant in same position as if contract had never been performed

Question 6

loss of bargain

Answer 6

CHAPLIN v HICKS- includes the profits that the C would have expected to receive if the contract had been performed, can claim damages for loss of chance

Question 7

reliance loss

Answer 7

wasted expenditure spent in advance of contract, claimant relied on the contract being performed

Question 8

restitution

Answer 8

repayment of any money or benefits passed to defendant in advance of contract

Question 9

duty to mitigate loss

Answer 9

claimant must take reasonable steps to minimise effects of the breach, doesn’t need to go to extraordinary lengths

Question 10

equitable remedies

Answer 10

awarded where damages are inadequate and justice would not be served by damages

Question 11

injunction

Answer 11

court order telling you to stop or start doing something MILLER v JACKSON, KENNAWAY v THOMPSON

Question 12

specific performance

Answer 12

ordering one party to perform his or her contractual obligation, cannot be claimed for contracts of personal service

Question 13

recission

Answer 13

parties are returned to positions they were in before contract was made, as if contract never existed