Discharge and Remedies Breach Flashcards
What is discharge by agreement?
promise/obligations fulfilled, consent by parties
Discharge by performance?
satisfactory-precise and exact
Comply with description- Case Law
Re Moore Co v Laudarer Co 1921-canned fruits
Arcos v EA Ronaasen 1933- thickness of wood
Developments in law on description of goods- Statutes
S11- CRA 2015
S13/14/15/15(a)- Sale of Goods Act 1979
S15 A- slight breach- case law
Hansen-Tangen 1976- osaka vessel, physical attributes did comply with description, therefore no breach
entire obligation- general rule
Cutter v Powell 1775- 30 guineas, ship journey
Quantum-merit- what one has earned
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
Back to precise and exact- MUST BE ON TIME
Startup v Macdonald 1843- although late at night
HOWEVER….
Is time the essence?
Principle from United Scientific Holdings 1978- not unless specifically stated otherwise
Non-performance of Obligation due to other party- jace jace
Planche v Colburn 1831- publish a book (jace- jace)
When does breach lead to termination?- 2 ways
- 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
- Contractual Right
Anticipatory Breach
before performance is due- principle from Hochster v De la Tour 1853
applied in Frost v Knight 1871- marriage case
Principle of Legitimate Interest, example and contrast, agreed sum claims
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
Greys v Societe Generale London Branch, principle
Wrongdoer should not be allowed to choose when a contract ends, at the expense of innocent party
Define stipulation
a condition, requirement that is demanded as part of an agreement
define condition
at the heart of the transaction, if is breached injured party may terminate contract and claim damages for any loss