breach of contract Flashcards
what is the dictionary definition of breach
an act of breaking or failing to observe a law, agreement or code of conduct
what are the 2 ways a breach could occur
an actual breach
anticipatory breach
whats a actual breach
a failure to perform contract
whats an anticipitory breach
one party indicates to the other party they wont be performing the contract
who can breach a contract
either or both
what can the innocent party always recieve for breach of contract
damages
what is termination of contract dependant on
the type of term breached
what do you have the right to for breach of condition
right to repudite and or sue for damages
what do you have the right to for breach of warranty
an action for damages
how are inomonate terms treated
depending on how they are defined
either as conditions or waranties
what is a repuditory breach
a breach so serious it entitels the innocent party to terat the contract as at an end
what can the innocent party recieve if theres been a repudiatory breach
damages and
termination or continuing contract
in what ways can a repuditory breach occur
breach of condition
refusal to perform contract
serious breach of an inomminate term
what circumstances give rise to a breach
renouciation of liablity
imposiblity by ones own actions
total/partial failuer to perfom
give a case to show contracts can include express termination provisions
gear bulk holdings
what can you do when theres an anticipatory breach
claim immediatly
wait to see if breach acctualy arrised
perform the contract anyway
give a case for claiming immediatly for anticipatory breach
hochester v de la tour
what the risk with waiting to claim (anticipatory breach) + case
the contract may brecome frustrated
avery v bowdren
give a case for perfroming the contract anyway (anticipatory breach)
white + carter v mcgregor
for anticipatory breach what will the courts decision depend on
the facts of the case
give a case for the courts decision will depend on the facts of the case
geden opperations v drybulk handy holdings
if non-perfromance is enevitable what will the innocent party be entitiled to
treating the contract as at an end even prior to the required time of perfromance
is an unlikelyhood/uncertanty enough for an anticipatory breach
no
what are the remidies for anticipatory breach
repudite and claim for damages or chose not to accept breach and give the party another chance to perfrom
how are damages calculated for all breaches of contract
to put the claiment into the position they would have been in if the contract went ahaed
what must a party to do their losses
mitigate them
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
there will be an actual breach
damages caluclated at time perfromance we due
what are the remidies for breach of condition
damages and or repudite contract
what can you claim for for breach of waranty
damages only
