Remedies for breach of contract

Question 1

Once a contract is formed, what are the four ways it can come to an end?

Answer 1

1. Performance
2. Agreement
3. Breach in contract
4. Frustration

Question 2

When the contract has completed, does the innocent party have the right to bring an action for a breach?

Answer 2

Yes, (doctor’s example)

Question 3

If the breach is due to performance - If there is no complete performance but substantial performance, can the party claim the price of the contract?

Answer 3

Yes, whether there is substantial performance depends on the fact of the case.

Question 4

When will the parties be discharged by frustration?

Answer 4

1. Event occurs after the contract has been made
2. No fault of either party
3. Strikes at the purpose of the contract
4. Impossible or illegal to perform contract because of external events (no other alternatives)
5. Contract, if performed, would be radically different from what the parties originally expected.

Question 5

Can money that was paid before the frustrating event be recovered?

Answer 5

No, money paid becomes unrecoverable and money yet to be paid remains payable unless total failure of consideration