Discharges- breach

Question 1

What is a breach of contract

Answer 1

Where a party totally/partially fails to perform obligations to satisfied standard

Question 2

What are the 2 types of breach

Answer 2

• actual
• anticipatory

Question 3

What is actual breach

Answer 3

Where a party doesn’t perform contractual obligations at expected time or performance is unsatisfactory

Question 4

What case is used for actual breach

Answer 4

Euro cross frozen fish v Galba impex

Question 5

What are the remedies of actual breach where the party has breached contractural obligations

Answer 5

damages

Question 6

What are the remedies of actual breach where the party has breached the condition

Answer 6

Other Party entitled to repudiate contract and seek rescission/damages
May chose to continue contract and seek damages

Question 7

What is anticipatory breach

Answer 7

Where prior to the start of contractural obligations, the party informs the other that they wont be completing the obligations

Question 8

What case is used for anticipatory breach

Answer 8

Hochester v de la tour

Question 9

What are the remedies for anticipatory breach where the party has breached the term/condition/warranty

Answer 9

Damages, c can sue for damages immediately or wait until obligations have been breached

Question 10

What are the remedies for anticipatory breach where the party has breached the condition only

Answer 10

Entitled to terminate contract