Breach

Question 1

What are the two types of breach?

Answer 1

Actual and Anticipatory.

Question 2

What happens in a breach of a CONDITION?

Answer 2

The contract is ended (repudiated) and/or sue for damages.

Example: Poussard v Spiers

Question 3

What happens in a breach of a WARRANTY?

Answer 3

The contract must carry on, but damages can be claimed.

Example: Bettini v Gye

Question 4

What is anticipatory breach?

Answer 4

When a party gives notice in advance that they will not be performing or completing the contract.

Question 5

What options does a claimant have in anticipatory breach?

Answer 5

The claimant can choose to sue immediately or wait for the consequences of the breach to happen, then sue.

Example: Hochster De La Tour