Discharge and Remedies Breach

Question 1

What is discharge by agreement?

Answer 1

promise/obligations fulfilled, consent by parties

Question 2

Discharge by performance?

Answer 2

satisfactory-precise and exact

Question 3

Comply with description- Case Law

Answer 3

Re Moore Co v Laudarer Co 1921-canned fruits
Arcos v EA Ronaasen 1933- thickness of wood

Question 4

Developments in law on description of goods- Statutes

Answer 4

S11- CRA 2015
S13/14/15/15(a)- Sale of Goods Act 1979

Question 5

S15 A- slight breach- case law

Answer 5

Hansen-Tangen 1976- osaka vessel, physical attributes did comply with description, therefore no breach

Question 6

entire obligation- general rule

Answer 6

Cutter v Powell 1775- 30 guineas, ship journey

Question 7

Quantum-merit- what one has earned

Answer 7

yes- Hoenig v Issacs 1952- substantial performance
no- Bolton v Mohodeva 1972- lack of substantial performance / Sumpter v Hudges 1898- lump sum contracts require work to be completed entirely

Question 8

Back to precise and exact- MUST BE ON TIME

Answer 8

Startup v Macdonald 1843- although late at night
HOWEVER….

Question 9

Is time the essence?

Answer 9

Principle from United Scientific Holdings 1978- not unless specifically stated otherwise

Question 10

Non-performance of Obligation due to other party- jace jace

Answer 10

Planche v Colburn 1831- publish a book (jace- jace)

Question 11

When does breach lead to termination?- 2 ways

Answer 11

1. Legal Right- Hongkong Fir Shipping v Kawasaki 1962- when breach is of an essential term and deprived of whole benefit/ and,or the other party cannot solely perform their part of the agreement
2. Contractual Right

Question 12

Anticipatory Breach

Answer 12

before performance is due- principle from Hochster v De la Tour 1853
applied in Frost v Knight 1871- marriage case

Question 13

Principle of Legitimate Interest, example and contrast, agreed sum claims

Answer 13

White v Carter 1961- Scottish law- advertisement case, party could fulfil their part of the agreement solely and were free to do so, despite repudiation of other party
CONTRAST
The Alaska Trader- no legitimate interest to repair the ship and claim for agreed sum

Question 14

Greys v Societe Generale London Branch, principle

Answer 14

Wrongdoer should not be allowed to choose when a contract ends, at the expense of innocent party

Question 15

Define stipulation

Answer 15

a condition, requirement that is demanded as part of an agreement

Question 16

define condition

Answer 16

at the heart of the transaction, if is breached injured party may terminate contract and claim damages for any loss