Performance, Termination, Breach, Damages and Equitable Remedies Case Cards

Question 1

Arcos v Ronasen

Answer 1

Standard of performance; Strict liability sale of goods as contracted. Purchase of wood 1/2” thick and many were not that thickness. Breach of Condition.

Question 2

Re Moore & Landauer

Answer 2

Strict liability. Sale of cans 3000 total in boxes of 30. Came in boxes of 24.

Question 3

Roberts v Havelock

Answer 3

A shipwright agreed to repair a ship. The contract did not expressly state when payment was to be made. He chose not to go on with the work. It was held that the shipwright was not bound to complete the repairs before claiming some payment.

Question 4

Planche v Colburn

Answer 4

Quantum Meruit. Contract to write book, did all research and was cancelled, he was to be paid for work done.

Question 5

Dakin v lee

Answer 5

The defendants promised to build a house according to specification and failed to carry out exactly all the specifications, for example, concrete not four feet deep as specified, wrong joining of certain rolled steel joists and concrete not properly mixed. The Court of Appeal held that the builders were entitled to recover the contract price, less so much as ought to be allowed in respect of the items found to be defective.

Question 6

Universal cargo Carriers v Citati

Answer 6

Repudiatory Conduct.No cargo was at place of loading past lay days, frustrated so allowed to terminate.

Question 7

Eminence Property developments v Heaney

Answer 7

Objective test. has the contract breaker shown the innocent party that they clearly intend to breach the contract.

Question 8

Union Eagle v Golden Achievement

Answer 8

Broken term is a condition, breach allows termination & Damages. Sale of Land at or before 5pm. $ was 10 mins late.

Question 9

Schüler v Wickman

Answer 9

Parties designate a term a condition unless it creates unreasonable results. 1500 total visits. Made 90%, held breach of condition, court made it a warranty.

Question 10

Hochester v De La Tour

Answer 10

Anticipatory breach. Hired courier and then told him he wouldn’t need him. Courier allowed to sue before contract began.

Question 11

Johnson v Agnew

Answer 11

there was continuing repudiatory action by A. J sought SP but house repossessed and sold before then. Breach of contract is prospective. Assess damages from Date of breach. Expectation interest awarded, original sale price - what it sold for.

Question 12

White & Carter Councils v Macgregor

Answer 12

They were hired by one of the D’s managers to put adverts on bins. The owner didn’t want the adverts so said he wouldn’t go through with it. They were held liable to pay for the whole contract

Question 13

Jarvis v Swan Tours

Answer 13

Cannot usually claim for disappointment/discomfort. Exception being Holiday cases. Holidays were not as advertised and they were compensated for discomfort.

Question 14

Malik v BCCI

Answer 14

Loss of Reputation can be recoverable with damages where there exists a duty of care

Question 15

Paula Lee v Zehil

Answer 15

Reasonable Valuation of Damages. 16k dresses to be bought, wanted it based all on cheapest. Court said based on reasonable valuation.

Question 16

South Australia Asset management v York Montague

Answer 16

Building negligently valued at 15 mil, only worth 5 mil They were awarded 10 mil in damages.

Question 17

Ruxley v Forsyth

Answer 17

Loss of Amenity. Pool was built not to specifications, they wouldn’t award full damages as it wouldn’t have been used for that purpose. so just damages for loss of Amenity.

Question 18

Tito v Waddell

Answer 18

Island strip mined. Court wouldn’t award damages to replant all the trees as the company would not use it for that. it wasn’t economically realistic.

Question 19

Aerospace Publishing v Thames Water

Answer 19

Water damages their property. Not only were they able to recover damages for the loss of property, but they were also able to recover damages or loss of income due to the damages.

Question 20

Hadley v Baxendale

Answer 20

The crankshaft broke in the Claimant’s mill. He engaged with the D to repair the crank shaft. IT was returned 7 days late
The damages available for breach of contract include:

1. Those which may fairly and reasonably be considered arising naturally from the breach of contract or
2. Such damages as may reasonably be supposed to have been in the contemplation of both the parties at the time the contract was made.

Question 21

Victoria Laundry v Newman

Answer 21

Remoteness. Does damages arise naturally from breach. was it within contemplation of patties at outset. Delay of boiler resulted in loss of contract. this was not foreseeable or within contemplation.

Question 22

The Heron II

Answer 22

Remoteness. Ship with sugar was 9 days late. It was reasonable to contemplate that sugar prices would fluctuate.

Question 23

Parsons v Uttley Ingham

Answer 23

Pig feeder improperly installed and all the pigs dies. IT was within contemplation that if the feeder was installed improperly the food would go bad and kill the pigs.

Question 24

Payzu v Suanders

Answer 24

Duty to Mitigate. contract for sale of goods, failed that. Given chance to pay cash. Terminated and sued. NO they had a duty to mitigate damages.

Question 25

Warner Bros v Nelson

Answer 25

Specific performance of Personal service contracts; can't enforce positive obligations; can enforce negative. Betty davis could not be forced to act for WB but could eb forced not to act for anyone else.

Question 26

Wroth v Tyler

Answer 26

Damages awarded in Lieu of Specific performance

Question 27

The Hansa Nord

Answer 27

Innominate term. Sale of citrus pulp for cattle feed. shipment not in perfect condition. They terminated and then bought it back at a cheaper price. Not allowed they just wanted deal, it was a warranty.