Module 4 - Discharge Of Contract And Remedies For Breach

Question 1

Tsakiroglou & co. V Noblee Thorl Gmbh

Answer 1

Suez canal not open so not shipped

Only frustrated if no alternative route

Question 2

Hochster V De La Tour

Answer 2

Service no longer required, accompany of tour of europe

May sue in anticipation of breach, no need to wait

Question 3

White & Carter V Mcgregor

Answer 3

Litter bin adverts

Repudiation gives choice of affirming or rejecting

Question 4

Anglia TV V Reed

Answer 4

Tv actor leaves to make film

Law must leave in same position had contract gone ahead. Lost profit only if knowledge

Question 5

Payzu ltd V Saunders

Answer 5

Installments not paid

Losses should have been mitigated so damage is limited

Question 6

Hadly V Baxendale

Answer 6

No spare mill crankshaft

Losses must be foreseeable

Question 7

Victoria Laundry V Newman Industries

Answer 7

Late booler delivery

Liable for normal profit only, as supernormal is not foreseeable

Question 8

Balfour Beatty V Scottish Power

Answer 8

Power cut means aquaduct must be rebuilt

Not foreseeable not in scope