Breach of Contract Flashcards

You may prefer our related Brainscape-certified flashcards:
1
Q

What is a breach of contract?

A

One party fails to fulfil their obligations. Repudiation depends on the term that is broken

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

What is a repudiatory breach?

A

A serious breach, breach of a condition or serious breach of an innominate term, due to refusal to perform

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

What is the remedy for a repudiatory breach?

A

The innocent party can terminate and claim damages, or continue and claim damages

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

What is an anticipatory breach?

A

The party gives an advanced notice that they will not fulfil obligations. The innocent party can:
a. Sue immediately; or,
b. Wait for a breach

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

What was held in Hochster v De La Tour?

A

An anticipatory breach is useful as they can treat the contract as repudiated immediately and do not have to wait for the breach

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

What was held in White and Carter v McGregor?

A

Claimants could recover the contract price and didn’t need to mitigate loss as they didn’t need to accept the anticipatory breach

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

What case can be used to set out the law on anticipatory breach?

A

Geden Operations v Drybulk Handy Holdings

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

What are the remedies for an anticipatory breach?

A

Damages can be claimed immediately to put C back in position they would be in if the contract had been completed.

Or depending on the term, D may repudiate

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q
A
How well did you know this?
1
Not at all
2
3
4
5
Perfectly