4: Contract conclusion reverse

Question 1

• Performance
• Breach
• Frustration

Answer 1

what are the ways you can discharge a contract?

Question 2

contract is not discharged until all obligations have been fulfilled exactly and completely

Answer 2

Performance: Cutter v Powell

Question 3

Acceptance of part-performance if genuine, can be acceptable by both parties and payment for what is performed is enforceable

Answer 3

Performance: Sumpter v Hedges

Question 4

If either party is prevented from performing their obligations under the contract then the general rule will not apply

Answer 4

Performance: Condor v Baron Knights

Question 5

• Is non performance
• Is a defective performance
• Are repudiating obligations without any justification

Answer 5

Breach: how does a breach arise?

Question 6

Breach of an actual term of the contract allowing an action in damages

Answer 6

Breach: type 1 of breach

Question 7

Breach of a condition which is either expressed or implied, including an innominate term allowing repudiation

Answer 7

Breach: The Hong Kong Fir Case

Question 8

An anticipatory breach

Answer 8

Breach: Hochester v De La Tour

Question 9

• impossible
• illegal
• change in circumstances

Answer 9

Frustration: 3 types of frustration

Question 10

something destroyed

Answer 10

Frustration: Taylor v Caldwell

Question 11

something/someone unavailable

Answer 11

Frustration: Jackson v Union Marine

Question 12

the contract becomes illegal to perform

Answer 12

Frustration: Denning, Mott and Dickson v James B Fraser Co