breach of contract

Question 1

what do remedies of a breach depend on

Answer 1

• The nature of the breach
  
  • What the innocent intends to achieve

Question 2

how may a contract be breached

Answer 2

• Partial peformance
  E.g if bath is completed but shower is not completed
  
  • Delayed performance
    E.g month passes and bathroom is not complete
  • Inadequate performance
    E.g cold water only comes out of the shower not hot water
  • Anticipatory breach
    E.g not starting job for a month later than expected, indicated an intention to not fulfil the contract

Question 3

what are the different options for remedy when contract is breached?

Answer 3

• Retention
  Withhold own performance, to try to compel CB to perform
  Mutuality (materality) =
  
  • Specific implement
    To do something specific to fix contract
  • Action of payment
    Pay back possible expenses when contract has been broken
    To be free of their own future obligation, bring the contract to an end
  • Resile
    Bringing contract to an end
  • Damages
    Compensation for non performance

Question 4

How to asses whether retention is available as a self help remedy

Answer 4

• Obligation is breached
  Who owed who

Question 5

case for retention

Answer 5

bank of east Asia v Scottish enterprise 1997

Question 6

what happened in bank of east Asia v Scottish enterprise 1997

Answer 6

the court dealt with whether Scottish Enterprise could withhold payments (use the right of retention) from the Bank of East Asia, which had been assigned the right to receive money under a contract. The court decided that Scottish Enterprise could only use retention for breaches that happened before the Bank was officially told about the assignment.

Question 7

case; two separate contract breaches

Answer 7

Inveresk plc v Tullis Russell Papermakers Ltd
2010

Question 8

what happened inInveresk plc v Tullis Russell Papermakers Ltd 2010

Answer 8

was about a dispute over a supply contract. Tullis Russell claimed that Inveresk didn’t meet the quality standards set in their agreement, so they ended the contract. The court ruled that Tullis Russell was right to terminate the contract because Inveresk didn’t fulfill its obligations

Question 9

resile contract meaning

Answer 9

To lawfully withdraw from a contract without it being due to a breach or refusal by the other party.

Question 10

repudiate contract meaning

Answer 10

To clearly state that you will not carry out the contract, even if the other party hasn’t yet broken it. This doesn’t end the contract but gives the other party the option to walk away.