Termination

Question 1

Moore & Co v Landauer & Co [1921]

trivial breach of a condition (size of cases)

Question 2

Bettini v Gye [1876]

singer did not arrive six days before concert; breach of a warranty

Question 3

Hong Kong Fir Shipping v Kawasaki [1962]

termination: conditions and innominate terms; seaworthiness; ‘substantially the whole benefit’

Question 4

Johnson v Agnew [1980]

effect of termination

Question 5

The Mihalis Angelos [1971]

termination: conditions and innominate terms

Question 6

Bunge Corp v Tradax [1981]

termination: conditions and innominate terms

Question 7

Lombard North Central Plc v Butterworth [1987]

parties identify term as condition

Question 8

Schuler v Wickman Machine Tools Sales Ltd [1974]

reluctance to interpret term as condition if result would be unreasonable

Question 9

Rice (t/a Garden Guardian) v Great Yarmouth Borough Council [2003]

restrictive interpretation of termination clause

Question 10

Stocznia Gdynia SA v Gearbulk Holdings Ltd [2009]

termination clause does not exclude damages for breach of contract

Question 11

Peyman v Lanjani [1985]

affirmation

Question 12

White & Carter v McGregor [1962]

affirmation; right to keep contract alive

Question 13

Ocean Marine Navigation Ltd v Koch Carbon Inc (The ‘Dynamic’) [2003]

affirmation; right to keep contract alive

Question 14

Dies v British and International Mining and Finance Corporation Ltd [1939]

contractbreaker retains common law right to restitution, subject to damages for breach

Question 15

Mann v Paterson Constructions Pty Ltd [2019]

restitution for work done before termination for which contractual right to payment not yet accrued