discharge breach Flashcards
2 scenarios
- failure to perform
- repudiating without justification
Lord Diplock - photo productions ltd v securicor transport
terms primary obligation, fail to perform breach of primary obligation, then breach of primary obligation replaced by second e.g damages
exceptions -
1. Doctorine of fundamental breach - breach deprives other party of substantial benefit - whole contract said to have been breached
2. breach of condition - term so central that breach renders contract meaningless - entitles other party to repudiate terms
breach of ordinary term
character of term unimportant - doesnt matter if condition of warranty
breach of condition
Schuler AG v wickman machine tools sales
Schuler AG v wickman machine tools sales
couldnt rely on term regarding frequency of visits - already accepted numerous other breaches - term didnt go to root of contract
anticipatory breach
expressed or implied notice obligations wont be completed - includes late notice
Hochester v de la tour
no requirement for victim of breach to wait until actual breach
breach of ordinary term
any attempt to repudiate amount to breach of contract
breach of a condition
breach sufficiently serious - victim can continue contract, sue for damages, repudiate own obligations
The hansa nord
buyers refusal to accept unlawful repudiation - bought + used - breach not sufficiently serious to justify repudiation
rice v great yarmouth borough council
clause starting any obligation breached, contract could be considered ended
anticipatory breach
party who is victim has a choice on discovering that the contract will be breached - might immediately consider the contact at an end and sue for damages
frost v knight
promise to marry fiance when father died, broke of engagement before, successful
avery v bowden
waited, war broke out, contract frustrated, lose out
chiemgauer v new millennium experience co ltd
build roof of millennium dome, under contract could terminate offer if paid enough compensation, identified as ‘direct loss and damage’ - claimants insolvent
innocent party accepts the other partys repudiatory breach and is still entitled to all benefits arising naturally under the contract
fercometal SARL v mediterranean shipping co
contain ‘expected readiness to load’ clause that allow repudiation if not loaded by 9 june - ship owners asked for extension - then used readiness to load when not - bound by original terms
white and carter ltd v mcgregor
bins paid for by adverts on bins for 3 years, one business backed out before bins prepared, supplier continued to prepare advertising and use for whole period, then successfully sued for full price
