Remedies-Termination of a Contract for Breach Flashcards
In common law (not including statutory rights), there are 3 situations in which breach can result in terminating of the contract, if the affected party chooses.
What is the 1st one?
- Breach of a condition or breach of an innominate term interpreted as a condition.
What do rights against goods include?
Right to reject goods for breach of contract e.g., CRA 2015, s.20, s.23, s.24
Many contracts include a reservation of title clause in them.
What does this mean?
The title (ownership) of goods remains with the seller until the buyer has paid for them.
Under which act is there 3 specific rights for an unpaid seller of goods?
The Sale of Goods Act 1979
1st specific right for an unpaid seller of goods under the Sale of Goods Act 1979.
- A lien, which is a right to retain possession of the goods of the debtor until paid.
This is an unpaid seller’s lien. There are also other liens e.g. repairer’s lien.
2nd specific right for an unpaid seller of goods under the Sale of Goods Act 1979.
- In case of insolvency of the buyer, a right to stopping the goods in transit and regaining possession of the goods from a carrier.
3rd specific right for an unpaid seller of goods under the Sale of Goods Act 1979.
- A right of resale as limited by the Act.
In common law (not including statutory rights), there are 3 situations in which breach can result in terminating of the contract, if the affected party chooses.
What is the 2nd one?
- One party refuses to perform their obligations under a contract at all or the substantial part of the obligations, including anticipatory breach.
In common law (not including statutory rights), there are 3 situations in which breach can result in terminating of the contract, if the affected party chooses.
What is the 3rd one?
- One party makes it impossible to perform the contract.
