Breach Flashcards

(5 cards)

1
Q

What is Actual Breach

A

Actual breach is a breach of an actual term of a contract

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2
Q

How can a breach happen 3 ? 

A

A breach happens when a party:
• Doesn’t perform at all
• Performs badly
• Refuses to perform without justification

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3
Q

Types of Terms breached & Remedies

A

• Condition – Serious term. Breach = end contract + claim damages. Pousard

• Warranty – Minor term. Breach = damages only.bennitie v gye

• Innominate Term – Judge decides seriousness (🧑‍⚖️ Hong Kong Fir Shipping).

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4
Q

What is Anticipatory Breach

A

Anticipate breach is when one party notifies the other of their intention to breach as seen in Hochester v De La Tour

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5
Q

What remedies are available for anticipatory breaches

A

A party can wait until the contract is not performed and therefore breached to Sue or Sue immediately

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