breach (contract)

Question 1

when does breach occur

Answer 1

when one party fails to perform at all or less than required

Question 2

what is also classed as a breach

Answer 2

when a case is wrongly repudiated

Question 3

what can you claim for a breach of warranty

Answer 3

only damages

Question 4

what can you claim for a breach of condition

Answer 4

damages and or repudiation

Question 5

frost v knight

Answer 5

can sue for anticipatory breach

Question 6

rice v great yarmouth borough council

Answer 6

contracted with the council provide leisure management for 4 years. if anything in contract was breached to would terminate the contract. not allowed as the breach had to be significant to allow the contract to be terminated. unfair terms

Question 7

Avery v Bowden

Answer 7

can wait until performance is due and then sue

Question 8

fercometal v Mediterranean shipping

Answer 8

waiting for the actual breach can also mean losing the remedies