c3 general

Question 1

types of discharge

Answer 1

perfomance: complete + exact; substantial; partial

frustration = fail to perform due to no fault of either party - no liability for failure

breach = failure to perform will lead to remedies for breaching a contract

Question 2

types of performance discharges

Answer 2

complete and exact

substantial - damages may still be payable

partial - if the contract is severable

Question 3

define: quantum meruit

Answer 3

claim to cover the amount paid for the amount of work already completed

Question 4

anticipatory breach of contract - actions by other party

Answer 4

indicate in advance

other party can either (if it is serious):
-treat the contract as discharged immediately and sue for damages
-allow the contract to continue until there is an actual breach

Question 5

repudiatory breach

Answer 5

one party breaches contract

Question 6

UCTA = who does it apply to

Answer 6

unfair clause act = business2business

Question 7

which way will the courts interpret any ambiguity in an exclusion court?

Answer 7

they will favour the party not relying on it

Question 8

3 types of injunctions

Answer 8

mandatory injunction - take positive steps to undo something (ie demolish a building)

prohibitory injunction - observe a negative promise made (ie only manage 1 boyband)

asset-freezing injunction - stop selling or disposing of key assets

Question 9

remedies: specific performance

Answer 9

court may make a discretionary order for a specific performance - orders the deference to perform his part of the contract instead of letting him ‘buy himself out’

awarded when:
- damages are not an adequate remedy
- it would not require supervision of the performance
- not for a contract of personal service (ie employment)

Question 10

in what scenario can mental distress/damages for enjoyment be claimed?

Answer 10

only when the purpose of the contract is for the provision of enjoyment

Question 11

is the claimant required to take all steps to reduce or mitigate their loss?

Answer 11

no - only REASONABLE steps - not ones which carry undue risk or that are discreditable

Question 12

2 ways of measuring damage

Answer 12

1. expectation interest (common) - to put the person in the position they would be in had the contract not been breached
2. reliance interest - to put the claimant in the position he would have been in had he not relied on the contract (situs where it is impossible to tell what the contract would result in - think: major actor pulling out of a contract)

Question 13

prohibitory injunction vs mandatory injunction vs specific performance

Answer 13

prohibitory = stop

mandatory = undo ie demolish a building

specific performance = do something

Question 14

Unfair Contracts Terms Act 1977

Answer 14

B2B

Question 15

reliance interest

Answer 15

claimant is seeking to reclaim money they have wasted in performing a contract that the defendant has breached - protect their reliance interest

Question 16

expectation interest

Answer 16

the amount of money needed to put the claimant in the position they would have achieved if the contract has been performed - protects their expectation interest

Question 17

remedy - common law or equitable law

Answer 17

equitable law

remedies : specific performance or injunctions

Question 18

damages - common law or equitable law

Answer 18

common law

damages - awarded for actual financial loss
based on:
-expectation interest = to put the person in the position he would have been in if the contract had been performed
-reliance interest = to put the claimant in the position he would have been if he had not relied on the contract

mental distress + damages for loss of enjoyment may be recoverable where the principle purpose of the contract is the provision of enjoyment

Question 19

positive promise - remedy (injunction)

Answer 19

mandatory injunction

Question 20

negative promise - remedy (injunction)

Answer 20

prohibitory injunction

Question 21

liquidated damages vs penalty clause

Answer 21

liquidated damages - a pre estimate of potential damage written into the contract
-effective provided it is a genuine attempt to pre estimate the likely loss

penalty clause - where the liquidated damages are excessive, the penalty clause is not enforceable

Question 22

UCTA : clause which attempts to exclude or restrict liability for death or personal injury relying from negligence

Answer 22

void

Question 23

UCTA : clause which attempts to exclude or restrict liability for other loss or damage arising from negligence

Answer 23

void unless it can be shown to be reasonable (statutory test of reasonabless)

Question 24

UCTA - contracts of sale/hire purchase - a clause that purports to exclude or limit liability for breach of the undertakings as to title of the seller or owner, implied by the Sale of Goods Act

Answer 24

void