discharge by breach

Question 1

breach

Answer 1

• occurs when one party fails to discharge the contract as agreed

Question 2

actual breach

Answer 2

• one party fails to perform their obligations under a contract

Question 3

anticipatory breach

Answer 3

• one party gives notices that they won’t complete there obligations under the contracts

Question 4

breach of a warranty (remedy)

Answer 4

• innocent party entitled to damages but cannot repudiate (bettini v gye)

Question 5

breach of a condition (remedy)

Answer 5

• innocent party is entitled to damages and can repudiate (poussard v spiers and pond)

Question 6

breach of a innominate term

Answer 6

• depends on the seriousness
• very serious = classed as a condition (repudiation and damages)

Question 7

anticipatory breach (remedy)

Answer 7

innocent party can:
- treat the contract as ended and sue for damages (hochster v de la tour)
- continue with the contract and sue at the point of breach