Week 8 - Breach Flashcards
1
Q
Does every breach of contract result in the contract being discharged?
A
No - depends on whether it was a breach of condition or warranty
2
Q
What can you do if you can point to a strong indication that you knew the other party was not going to do as they said they would?
A
Claim anticipatory breach and claim for damages
3
Q
What is the most common remedy for a breach?
A
Damages
4
Q
What is the aim of a remedy for a breach?
A
To put the injured party in the same position as if the contract had been performed
5
Q
Why is not all loss recoverable?
A
May be too remote from the initial breach
