breach of contract

Question 1

what is the dictionary definition of breach

Answer 1

an act of breaking or failing to observe a law, agreement or code of conduct

Question 2

what are the 2 ways a breach could occur

Answer 2

an actual breach
anticipatory breach

Question 3

whats a actual breach

Answer 3

a failure to perform contract

Question 4

whats an anticipitory breach

Answer 4

one party indicates to the other party they wont be performing the contract

Question 5

who can breach a contract

Answer 5

either or both

Question 6

what can the innocent party always recieve for breach of contract

Answer 6

damages

Question 7

what is termination of contract dependant on

Answer 7

the type of term breached

Question 8

what do you have the right to for breach of condition

Answer 8

right to repudite and or sue for damages

Question 9

what do you have the right to for breach of warranty

Answer 9

an action for damages

Question 10

how are inomonate terms treated

Answer 10

depending on how they are defined
either as conditions or waranties

Question 11

what is a repuditory breach

Answer 11

a breach so serious it entitels the innocent party to terat the contract as at an end

Question 12

what can the innocent party recieve if theres been a repudiatory breach

Answer 12

damages and
termination or continuing contract

Question 13

in what ways can a repuditory breach occur

Answer 13

breach of condition
refusal to perform contract
serious breach of an inomminate term

Question 14

what circumstances give rise to a breach

Answer 14

renouciation of liablity
imposiblity by ones own actions
total/partial failuer to perfom

Question 15

give a case to show contracts can include express termination provisions

Answer 15

gear bulk holdings

Question 16

what can you do when theres an anticipatory breach

Answer 16

claim immediatly
wait to see if breach acctualy arrised
perform the contract anyway

Question 17

give a case for claiming immediatly for anticipatory breach

Answer 17

hochester v de la tour

Question 18

what the risk with waiting to claim (anticipatory breach) + case

Answer 18

the contract may brecome frustrated
avery v bowdren

Question 19

give a case for perfroming the contract anyway (anticipatory breach)

Answer 19

white + carter v mcgregor

Question 20

for anticipatory breach what will the courts decision depend on

Answer 20

the facts of the case

Question 21

give a case for the courts decision will depend on the facts of the case

Answer 21

geden opperations v drybulk handy holdings

Question 22

if non-perfromance is enevitable what will the innocent party be entitiled to

Answer 22

treating the contract as at an end even prior to the required time of perfromance

Question 23

is an unlikelyhood/uncertanty enough for an anticipatory breach

Answer 23

no

Question 24

what are the remidies for anticipatory breach

Answer 24

repudite and claim for damages or chose not to accept breach and give the party another chance to perfrom

Question 25

how are damages calculated for all breaches of contract

Answer 25

to put the claiment into the position they would have been in if the contract went ahaed

Question 26

what must a party to do their losses

Answer 26

mitigate them

Question 27

if the innocent party gives the breacher another chance to perform and they still dont perform what will there be and how will damages be calculater

Answer 27

there will be an actual breach damages caluclated at time perfromance we due

Question 28

what are the remidies for breach of condition

Answer 28

damages and or repudite contract

Question 29

what can you claim for for breach of waranty

Answer 29

damages only