BREACH

Question 1

2 types of breach of contract

Answer 1

1 - failing to perform obligation of the contract (or not to required standard)
2- Repudiating a contract without justification

Question 2

Schuler ag v wickman

Answer 2

• repeated acceptance of breaches by claimants indicated term not central to the contract - no breach

Question 3

Rice v Great Yarmouth

Answer 3

• Court held party can only repudiate a contract if breach sufficiently serious

Question 4

Hochster v de la tour

Answer 4

Victim of anticipatory breach doesn’t have to wait for breach to occur to sue

Question 5

Frost v Knight

Answer 5

Promise to marry when father died binding. Cancelled before father died, was sued before the breach

Question 6

Avery v Bowden

Answer 6

Victim can wait until clear obligations wont be met before suing

Question 7

Remedies available

Answer 7

Damage available for breach of any term
Can only repudiate contracts if condition breached

Question 8

The hansa nord

Answer 8

• buyer refused to accept animal feed - repudiation - not sufficiently serious to warrant repudiation