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Private Law I > Week Ten > Flashcards

Week Ten Flashcards

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1
Q

What are the key questions regarding breach of contract and remedies?

A

What is a breach of contract?

What are the consequences for the parties?

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2
Q

What is a breach of contract?

A

An unjustified breach of a contractual term.

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3
Q

What are the types of breach?

A

Non-performance

Defective performance

Late performance

Anticipatory breach (before performance is due)

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4
Q

What are some possible justifications for breach of contract?

A

Other party in breach

Non-cooperation of the other party

Impossibility

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5
Q

What is the principle of mutuality in contract law?

A

Rights and duties are counterparts, and a party in breach cannot demand further performance.

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6
Q

Are affected parties relieved of liabilities already incurred?

A

No, they are not relieved of liabilities already incurred.

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7
Q

What are some case examples for mutuality?

A

Graham & Co v United Turkey Red Co Ltd (1922)

Culter Mill Restaurant Ltd v Hogg (1996)

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8
Q

How does the seriousness of breach affect remedies?

A

The seriousness of breach affects the range of remedies available.

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9
Q

What does it mean for a breach to “go to the root” of the contract?

A

It means the breach is fundamental enough to allow rescission.

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10
Q

Can express terms stipulate materiality?

A

Yes, for example, “Time is of the essence.”

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11
Q

What are some case examples for materiality?

A

Wade v Waldon (1909)

Lindley Catering Investments v Hibernian FC (1975)

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12
Q

What is anticipatory breach?

A

Repudiation before the performance time arrives.

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13
Q

What are the options for the innocent party in case of anticipatory breach?

A

Rescind and sue for damages

Wait and sue for damages

Perform and sue for contract price

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14
Q

What are some case examples for anticipatory breach?

A

White & Carter (Councils) Ltd v McGregor (1962)

AMA (New Town) Ltd v Law (2013)

Miller Fabrications Ltd v J&D Pierce (2010)

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15
Q

What does rescission do for the innocent party?

A

Releases the innocent party from future, not past obligations.

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16
Q

What is a case example for rescission

A

McNeil v Aberdeen City Council (No.2) (2013)

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17
Q

What does it mean to resile from a contract?

A

Lawful withdrawal from a contract.

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18
Q

What is repudiation in contract law?

A

Indication by one party not to perform without lawful right.

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19
Q

What is an example case for repudiation?

A

Blyth v Scottish Liberal Club (1983

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20
Q

What are some self-help remedies?

A

Retention (withholding performance)

Lien (retaining possession)

21
Q

What are some judicial remedies?

A

Declarator
Action for Payment
Specific Implement
Interdict
Damages

22
Q

What is the purpose of damages in contract law?

A

To restore the wronged party to the pre-breach position.

23
Q

What are the requirements for damages

A

Compensate for pecuniary loss

Requirement to mitigate loss

24
Q

What are some case examples for damages?

A

Wilkie v Brown (2003)

Diesen v Samson (1971)

Perry v Sidney Phillips & Son (1982)

25
Q

What is the principle of causation in contract law?

A

There must be a link between the breach and the loss.

26
Q

What is an example case for causation?

A

A/B Karlshamns Oljefabriker v Monarch Steamship Co Ltd (1949)

27
Q

What is the principle of remoteness in contract law?

A

Loss must be within reasonable contemplation at the time of contracting.

28
Q

What are some case examples for remoteness?

A

Hadley v Baxendale (1854)

Balfour Beatty Construction v Scottish Power (1994)

Transfield Shipping Inc v The Achilleas (2008)

29
Q

How does a contract come to an end?

A

A contract can end through performance, agreement, acceptilation, novation, delegation, confusion, compensation, prescription, limitation, or frustration.

30
Q

What happens when a contract comes to an end?

A

The obligations of the parties are discharged, and they are no longer bound by the terms of the contract.

31
Q

What is performance in contract termination

A

Performance is the fulfillment of contractual obligations.

32
Q

How can a contract be terminated by agreement?

A

A contract can be terminated by mutual consent of the parties involved.

33
Q

What is acceptilation (acceptilatio) or discharge?

A

Acceptilation or discharge is the cancellation of obligations.

34
Q

What is novation (novatio)?

A

Novation is the creation of a new, replacement contract.

35
Q

What is delegation (delegatio)?

A

Delegation is the assignment of a new debtor to take over obligations.

36
Q

What is termination by confusion?

A

Termination by confusion occurs when a person cannot be both debtor and creditor in the same obligation.

37
Q

Give an example of termination by confusion

A

If A owes B £50 and B dies, leaving his estate to A, the obligation extinguishes.

38
Q

What is termination by compensation (set off)?

A

Termination by compensation occurs when two parties owe each other and set off their obligations.

39
Q

Give an example of termination by compensation

A

A owes B £50, and B owes A £25. A pays B £25 to settle.

40
Q

What are the requirements for set off?

A

Each party must be both creditor and debtor.

Debts must be due.

Debts must be identifiable.

41
Q

What is termination by prescription?

A

Legal rights can be lost or gained over time through prescription.

42
Q

What are the relevant acts for prescription and limitation in Scotland

A

Prescription and Limitation (Scotland) Act 1973

Prescription (Scotland) Act 2018

43
Q

What are the types of prescriptions?

A

Positive: Public rights (e.g., right of way)

Short Negative: 5-year limit for contracts (1973 Act s.6)

Long Negative: 20-year limit for contracts related to land (1973 Act s.11(1))

44
Q

What is limitation in contract termination

A

Limitation requires proceedings to be initiated within 5 years from when the obligation becomes enforceable (1973 Act s.6(3)).

45
Q

What is termination by frustration?

A

Termination by frustration occurs due to unforeseen, external events making performance impossible or radically different, without fault of either party.

46
Q

What is a case example of termination by frustration?

A

Paal Wilson & Co A/S v Partenreederei Hannah Blumenthal [1983] 1 AC 854

47
Q

What are examples of frustration due to impossibility?

A

Taylor v Caldwell 122 ER 309

Robinson v Davison (1871) LR 6 Ex 269

48
Q

What is an example of frustration due to illegality?

A

Cantiere San Rocco v Clyde Shipbuilding & Engineering Co Ltd 1923 SC (HL) 105

49
Q

What are examples of frustration due to a radical change of circumstances?

A

Krell v Henry [1903] 2 KB 740

Herne Bay Steam Boat Co v Hutton [1903] 2 KB 683

Private Law I (9 decks)

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