breach - mutuality and retention

Question 1

what does retention mean

Answer 1

to withhold performance

Question 2

when is retention available?

Answer 2

Turnbull v McLean/Macari v Celtic FC - when obligations are counterparts

Question 3

are obligations presumed to be counterparts

Answer 3

Inveresk v Tuillis Russell - yes unless there is evidence suggesting otherwise

Question 4

can obligations found in separate contracts be counterparts

Answer 4

Inveresk v Tullis russell - yes if they are part of the one transaction - if contracts can stands alone they will not benefit from mutuality

Question 5

do obligations have to be contemporaneous

Answer 5

Bank of east Asia v Scottish enterprise - yes

Question 6

can the party in breach enforce the counter obligation

Answer 6

• no graham v turkey red