Discharge - Breach

Question 1

General Rule

Answer 1

When one party fails to perform their obligations under a contract, they may be sued for a breach of contract

Question 2

Actual breach of condition

Answer 2

Right to repudiate the contract (refuse to perform obligations), sue for damages if the breached term goes to root of contract (Schluer v Wickman)

Question 3

Actual breach of warranty

Answer 3

Sue for damages

Question 4

Actual breach of innominate term

Answer 4

Right to repudiate if the breach is sufficiently serious to amount to a breach of condition (The Hansa Nord)

Question 5

What is an anticipatory breach?

Answer 5

When a party is aware the other party will not be performing or completing the contract

Question 6

Antic - Sue Immediately

Answer 6

Repudiate the contract and claim damages (if it turns out to be a breach of warranty and not condition then they have breached a condition by repudiating the contract) (Hochester v De La Tour)

Question 7

Antic - wait for time agreed

Answer 7

Then repudiate the contract if it breaches condition, sue for damages if performance was not as agreed

Question 8

Unlikelihood/Uncertainty rule

Answer 8

Unlikelihood or uncertainty in future performance is not enough to prove anticipatory breach, must make other aware they are not completing (Geden Operations v DHH)

Question 9

Remedies for breach condition

Answer 9

Repudiate and Damages

Question 10

Remedies for breach warranty

Answer 10

Damages

Question 11

Remedies for Anticipatory Breach

Answer 11

Damages (C must mitigate their loses)
OR repudiate contract