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Law First Year > Contract Law Second Term - PERFORMANCE AND BREACH > Flashcards

Contract Law Second Term - PERFORMANCE AND BREACH Flashcards

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1
Q

Why was the case so decided in The Mihalis Angelos?

A

Certainty in such expected readiness dates, unreasonable and forms a condition for sale of goods carried by sea usually

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1
Q

Federal Commerce v Molena Alpha

A

Allow repudiation regardless of D’s good faith

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2
Q

SoGA s.30(1)

A

Reject less than ordered or pay for what received

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2
Q

Why is it arguable if the principle in White and Carter applies to electing affirmation?

A

May not be part of ratio, but needed to form majority with Tucker and Hounslow

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2
Q

What case shows C needing D’s cooperation to affirm the contract?

A

The Puerto Bultrago

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3
Q

Eminence Property v Heaney

A

Requisite notice period; solicitor mistake

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4
Q

Cutter v Powell

A

Sailor’s widow

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4
Q

Bunge Corp v Tradax Export

A

Readiness of loading notice given with less time than required in express condition

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6
Q

Dawson v Dyer

A

LC1 for quiet enjoyment

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7
Q

In what case did the judges decide that, despite parties’ intentions, a condition was not a condition?

A

Schuler v Wickman; ‘more unreasonable the result the more unlikely it is’

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8
Q

What did the owners claim in Mihalis Angelo?

A

Anticipatory breach

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8
Q

Why is the case of Bunge Corp v Tradax Export perhaps an oversimplification?

A

There are other factors to take into account when deciding if it is a condition than just commercial certainty

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9
Q

The Hongkong Fir

A

Seaworthiness

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10
Q

What are dependent obligations further broken down into?

A

Entire and divisible obligations

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11
Q

What is the default term through judicial classification?

A

Innominate

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11
Q

Stocznia Gdanska v Latvian Shipping

A

Period of reasonable time

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12
Q

How does Liu suggest we reform the ‘wholly unreasonable’ test?

A

Confine discretion to factors affecting the weighing of wastefulness against sanctity of contract

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13
Q

what are two criticisms of white and carter?

A

Repudiatory breach would require C to mitigate, but claim for debt does not; Contract would not have been specifically enforceable

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14
Q

Woodard Investment v Wimpey

A

Reluctant to allow repudiation if D in good faith

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15
Q

What did the charterers claim in Mihalis?

A

Owners had committed a breach by not being there by the time of the expected readiness date

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16
Q

Sumpter v Hedges

A

No choice but to accept, BUT tools

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16
Q

When does C lose a right to elect termination?

A

They waive it, they continue performance or they keep the contract ‘on foot’

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17
Q

Who highlights that identifying a condition is very hard?

A

Treitel

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18
Q

What test did Etherton J give in Eminence Property for good faith in electing termination?

A

Did D show a clear, objective intention to abandon and reuse to perform?

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19
Q

Taylor v Webb

A

Tenant’s obligation to pay rent

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20
Q

What is an example of an independent obligation?

A

Taylor v Webb; Dawson v Dyer

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21
Q

Telford Homes v Ampurius Nu

A

Test for BoC ‘sets the bar high’ in The Hongkong Fir as based off frustration analogies

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22
Q

What are the two restriction on affirmation?

A

Must not need D’s cooperation and burden on D to show C has no legitimate interest

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24
Q

What are the three ways to find a condition in a contract?

A

Statutory classification, parties’ intentions and judicial classification

25
Q

What kind of term was found in Hongkong Fir?

A

Innominate

25
Q

What does the case of Stocznia Gdanska v Latvian Shipping recognise?

A

Commercial reality

26
Q

When is BoC not a matter of strict liability?

A

S.13 SoGA

26
Q

What are the two ways to perform an anticipatory breach?

A

Renunciation and impossibility

27
Q

What case places restrictions on the right to affirm?

A

White and Carter, per Lord Reid

28
Q

What three cases suggest good faith of D MAY be relevant for electing termination?

A

Woodar Investment v Wimpey; Federal Commerce v Molena Alpha; Eminence Property v Heaney

30
Q

What are the three mitigating circumstances for entire obligations?

A

Substantial performance, restitution for benefit accepted and doctrine of quantum meruit

31
Q

What case attempts a reconciliation between Wimpey and Molena Alpha?

A

Eminence Property v Heaney

32
Q

What distinguished Financing Ltd v Baldock from Butterworth?

A

Time was not ‘of the essence’, so failure to pay allowed termination but could only claim for loss of rentals at date of termination.

33
Q

Who declare the legitimate interest test ‘unintelligible and elusive’, and suggests a reformation of the ‘wholly unreasonable’ test?

A

Q Liu

34
Q

What case outlines a lack of legitimate interest as enforcement being ‘wholly unreasonable’?

A

The Alaskan Trader

35
Q

What are contingent obligations further broken down into?

A

Condition precedent and subsequent

37
Q

Schuler v Wickman

A

Panel presses, clause 7 on visits (1400)

38
Q

Who noted how in the Hansa Nord –> Citrus pellets, the CoA took a stand against ‘bad faith’ and ‘economic opportunism within a contractual relationship’.

A

Professor Brownsword

39
Q

Photo Production v Securicor Transport on outcome of electing termination

A

Leaves intact accrued rights but released from future obligations

40
Q

The Odenfield on White and Carter

A

Fetters on election are only in ‘extreme cases’

42
Q

What are the three types of performance obligations?

A

Contingent, independent and dependent

43
Q

What did Denning criticise in The Puerto Bultrago?

A

Trying to enforce specific performance when damages are adequate

45
Q

Financing Ltd v Baldock

A

Lorry; failure to pay within 10 days

46
Q

What does the case of Bunge Corp v Tradax Export show a swing in favour of?

A

Certainty

47
Q

Lombard North Central v Butterworth

A

Computers, ‘time was of the essence’

49
Q

What could they claim for in Butterworth having noted payment on time to be a condition?

A

Arrears, future instalment and repudiatory termination

50
Q

What damages can C not claim if they elect affirmation?

A

Loss of bargain

52
Q

From when does rescission set the contract aside?

A

Origin

53
Q

What does Brownsword suggest as an alternative in determining termination?

A

Look at motivations of parties rather than entitlement to terminate

54
Q

Peyman v Lanjani

A

Need to express clear intention to continue with contract

55
Q

what does the hansa nord show a swing in favour of?

A

Construction as innominate term

57
Q

The Mihalis Angelo

A

Apatite ore; loading date

58
Q

What damages does termination lead to?

A

Expectation

58
Q

Who criticises Brownsword’s alternative approach in termination?

A

McKendrick

60
Q

The Puerto Bultrago

A

$2 million but $1 million

61
Q

What are two(three) reasons why C may want to affirm?

A

Hard to recover expenses through contractual claim and termination may damage their reputation/put them in breach with 3rd parties

62
Q

The Alaskan Trade

A

‘There is such a point’ where courts ‘on general equitable principles’ will not allow enforcement, e.g. when ‘wholly unreasonable’ because damages are enough

63
Q

What are two ways to defend White and Carter?

A

English law does not require C to be reasonable in selecting remedies; ensures contracts undertaken are actually performed

64
Q

Why did they classify the term as innominate?

A

Merchantable quality still (s.14(1) SoGA) as they used them and clause not a condition expressly or through authority

65
Q

What two types of breaches are there?

A

Anticipatory and at time of contract

66
Q

What are three types of terms?

A

Warranty, condition or innominate

67
Q

The Hansa Nord

A

Citrus pulp pellets, part but not all damages

68
Q

Re Hall & Barker

A

Shoe maker analogy for entire obligations

69
Q

What is an example of a statutory classification of a condition?

A

S.12(1) SoGA

70
Q

What does the case of Stocznia Gdansk enforce a claimant must do to keep the right to elect?

A

Expressly reserve the right if they call upon performance

71
Q

Dakin (H) v Lee

A

Trivial repairs (£1500)

Law First Year (24 decks)

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