Breach

Question 1

what’s the difference between warranties and conditions

Answer 1

only damages will be awarded for a breach of warranties (not a repudiatory breach)

Question 2

in what situations the NBP cannot choose to affirm the contract?

Answer 2

(1) estoppel

(2) s. 13(3) once the buyer accepts the good, any breach of condition will be treated as breach of warranties

Question 3

What’s requirement if I wish to terminate the contract

Answer 3

clear and unequivocal

Question 4

Is non-performance clear and unequivocal conduct in accepting the breach

Answer 4

If the non-performance can be explained on other basis, it wont constitute acceptance. it will be regarded as repudiation and allow the other party

Question 5

Can NBP terminate when BP’s breach was caused by NBP?

Answer 5

Cannot terminate (case where the NBP fails to provide payment details, leading to the late payment by BP)

Question 6

what happens if NBP wrongfully repudiate the contract?

Answer 6

Still liable regardless of whether the belief is honest or not if NBP went further than asserting his rights (did sth inconsistent with the contract)

Question 7

can a NBP revoke his affirmation of the contract?

Answer 7

No, except when there is continuing breach by BP

Question 8

What s requirement to affirm a contract?

Answer 8

(1) have legitimate interest in affirming the contract
(2) the affirmation has to be clear and unequivocal
(3)