LW1109 DISCHARGE OF CONTRACTS

Question 1

What are the three parts in discharge of contracts

Answer 1

1- consent & performance
2- frustration
3- contractual breach and damages

Question 2

what do you need for a discharge of consent of legal force

Answer 2

an accord
consideration
legal intent

Question 3

what is the doctrine of exact performance

Answer 3

it is all the obligations that are in a contract which have to be performed

Question 4

what is substantial performance

Answer 4

it occurs when a party fullfills their obligations under the contract, but there might be some slight deviations. this allows the performing party to claim compensation even if it falls short of completet fulfillment

Question 5

what is divisible performance

Answer 5

this is when there are multiple obligations which can be done in stages. For example building a fence in section where they get paid by section completed

Question 6

what is the minimus excption

Answer 6

it is similar to substantial performance. Only relatively small and insignificant changes can be accepted.

Question 7

price variation clause

Answer 7

in contracts it helps avoid disagreements over minor changes

Question 8

what is frustration

Answer 8

this is when something happens which makes the contract impossible to be performed, the purpose of the contract is unachievable or if the performance becomes illegal.

Question 9

the doctrine of frustration

Answer 9

it is when an unforeseen event not caused by either party , significantly alter the contractual obligations from what was originally contemplated

Question 10

self-induced events

Answer 10

well in this case one party’s action or decisions contribute to the circumstances which frustrate the contract

Question 11

how can parties safeguard against frustration

Answer 11

by including conditions, terms, clauses

Question 12

how does breach of contract occur

Answer 12

complete non-performance
defective performance

Question 13

what is the repudiation of a contract

Answer 13

this is where a contract has been frustrated in a way where the innocent party is allowed to terminate the contract

Question 14

what is causation

Answer 14

it is the direct link between the actions or failures of one party and the loss suffered by the other party

Question 15

what is remotness

Answer 15

it is how distant or remote the loss or damage is from the action or the breaching oarty

Question 16

what is the two limb rule

Answer 16

it was a rule which was established in the case of handley v Baxendale. Where 1st limb ensure that the breach occured naturally and the 2nd limb ensures that both parties must have reasonably expected the loss

Question 17

what are the 4 measure of the damages

Answer 17

expectational loss
consequential loss
restitution loss
reliance loss