ELEMENT 8: STATUS OF TERMS Flashcards
1
Q
Poussard v Spiers and Pond
A
- an actress was sick
- supposed to appear in main lead
- got replace in the early performance
- actress sued for breach of contract
- producer can repudiate the contract because the performance was crucial
2
Q
Bettini v Gye
A
- singer was contracted to appear for 6 rehearsals
- appeared only 3
- got replaced
-rehearsals can be the only one considered as damages
3
Q
Hong Kong Fir Case v Kawasaki Kisen Kaisha
A
- Defendant charted a ship from claimant under 2 year agreement
- ship was considered “every way fitted for ordinary cargo service”
- ship got broken down and repaired for 18 weeks
- defendant wanted to repudiate the contract but held that only warrant was breached and damages can be awarded
- court also mentioned that not all contract can simply divide.
4
Q
Reardon Smith Line v Yngvar Hansen-Tangen
A
- tanked chartered to be Osaka 354
- it was different modal, Oshima 004
- served it’s purpose
- innominate terms as the parties were not entirely deprived of the whole benefit, thus only entitled to damages
