Contract Law Second Term - PERFORMANCE AND BREACH Flashcards Preview

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Flashcards in Contract Law Second Term - PERFORMANCE AND BREACH Deck (71):
1

Why was the case so decided in The Mihalis Angelos?

Certainty in such expected readiness dates, unreasonable and forms a condition for sale of goods carried by sea usually

1

Federal Commerce v Molena Alpha

Allow repudiation regardless of D's good faith

2

SoGA s.30(1)

Reject less than ordered or pay for what received

2

Why is it arguable if the principle in White and Carter applies to electing affirmation?

May not be part of ratio, but needed to form majority with Tucker and Hounslow

2

What case shows C needing D's cooperation to affirm the contract?

The Puerto Bultrago

3

Eminence Property v Heaney

Requisite notice period; solicitor mistake

4

Cutter v Powell

Sailor's widow

4

Bunge Corp v Tradax Export

Readiness of loading notice given with less time than required in express condition

6

Dawson v Dyer

LC1 for quiet enjoyment

7

In what case did the judges decide that, despite parties' intentions, a condition was not a condition?

Schuler v Wickman; 'more unreasonable the result the more unlikely it is'

8

What did the owners claim in Mihalis Angelo?

Anticipatory breach

8

Why is the case of Bunge Corp v Tradax Export perhaps an oversimplification?

There are other factors to take into account when deciding if it is a condition than just commercial certainty

9

The Hongkong Fir

Seaworthiness

10

What are dependent obligations further broken down into?

Entire and divisible obligations

11

What is the default term through judicial classification?

Innominate

11

Stocznia Gdanska v Latvian Shipping

Period of reasonable time

12

How does Liu suggest we reform the 'wholly unreasonable' test?

Confine discretion to factors affecting the weighing of wastefulness against sanctity of contract

13

what are two criticisms of white and carter?

Repudiatory breach would require C to mitigate, but claim for debt does not; Contract would not have been specifically enforceable

14

Woodard Investment v Wimpey

Reluctant to allow repudiation if D in good faith

15

What did the charterers claim in Mihalis?

Owners had committed a breach by not being there by the time of the expected readiness date

16

Sumpter v Hedges

No choice but to accept, BUT tools

16

When does C lose a right to elect termination?

They waive it, they continue performance or they keep the contract 'on foot'

17

Who highlights that identifying a condition is very hard?

Treitel

18

What test did Etherton J give in Eminence Property for good faith in electing termination?

Did D show a clear, objective intention to abandon and reuse to perform?

19

Taylor v Webb

Tenant's obligation to pay rent

20

What is an example of an independent obligation?

Taylor v Webb; Dawson v Dyer

21

Telford Homes v Ampurius Nu

Test for BoC 'sets the bar high' in The Hongkong Fir as based off frustration analogies

22

What are the two restriction on affirmation?

Must not need D's cooperation and burden on D to show C has no legitimate interest

24

What are the three ways to find a condition in a contract?

Statutory classification, parties' intentions and judicial classification

25

What kind of term was found in Hongkong Fir?

Innominate

25

What does the case of Stocznia Gdanska v Latvian Shipping recognise?

Commercial reality

26

When is BoC not a matter of strict liability?

S.13 SoGA

26

What are the two ways to perform an anticipatory breach?

Renunciation and impossibility

27

What case places restrictions on the right to affirm?

White and Carter, per Lord Reid

28

What three cases suggest good faith of D MAY be relevant for electing termination?

Woodar Investment v Wimpey; Federal Commerce v Molena Alpha; Eminence Property v Heaney

30

What are the three mitigating circumstances for entire obligations?

Substantial performance, restitution for benefit accepted and doctrine of quantum meruit

31

What case attempts a reconciliation between Wimpey and Molena Alpha?

Eminence Property v Heaney

32

What distinguished Financing Ltd v Baldock from Butterworth?

Time was not 'of the essence', so failure to pay allowed termination but could only claim for loss of rentals at date of termination.

33

Who declare the legitimate interest test 'unintelligible and elusive', and suggests a reformation of the 'wholly unreasonable' test?

Q Liu

34

What case outlines a lack of legitimate interest as enforcement being 'wholly unreasonable'?

The Alaskan Trader

35

What are contingent obligations further broken down into?

Condition precedent and subsequent

37

Schuler v Wickman

Panel presses, clause 7 on visits (1400)

38

Who noted how in the Hansa Nord --> Citrus pellets, the CoA took a stand against 'bad faith' and 'economic opportunism within a contractual relationship'.

Professor Brownsword

39

Photo Production v Securicor Transport on outcome of electing termination

Leaves intact accrued rights but released from future obligations

40

The Odenfield on White and Carter

Fetters on election are only in 'extreme cases'

42

What are the three types of performance obligations?

Contingent, independent and dependent

43

What did Denning criticise in The Puerto Bultrago?

Trying to enforce specific performance when damages are adequate

45

Financing Ltd v Baldock

Lorry; failure to pay within 10 days

46

What does the case of Bunge Corp v Tradax Export show a swing in favour of?

Certainty

47

Lombard North Central v Butterworth

Computers, 'time was of the essence'

49

What could they claim for in Butterworth having noted payment on time to be a condition?

Arrears, future instalment and repudiatory termination

50

What damages can C not claim if they elect affirmation?

Loss of bargain

52

From when does rescission set the contract aside?

Origin

53

What does Brownsword suggest as an alternative in determining termination?

Look at motivations of parties rather than entitlement to terminate

54

Peyman v Lanjani

Need to express clear intention to continue with contract

55

what does the hansa nord show a swing in favour of?

Construction as innominate term

57

The Mihalis Angelo

Apatite ore; loading date

58

What damages does termination lead to?

Expectation

58

Who criticises Brownsword's alternative approach in termination?

McKendrick

60

The Puerto Bultrago

$2 million but $1 million

61

What are two(three) reasons why C may want to affirm?

Hard to recover expenses through contractual claim and termination may damage their reputation/put them in breach with 3rd parties

62

The Alaskan Trade

'There is such a point' where courts 'on general equitable principles' will not allow enforcement, e.g. when 'wholly unreasonable' because damages are enough

63

What are two ways to defend White and Carter?

English law does not require C to be reasonable in selecting remedies; ensures contracts undertaken are actually performed

64

Why did they classify the term as innominate?

Merchantable quality still (s.14(1) SoGA) as they used them and clause not a condition expressly or through authority

65

What two types of breaches are there?

Anticipatory and at time of contract

66

What are three types of terms?

Warranty, condition or innominate

67

The Hansa Nord

Citrus pulp pellets, part but not all damages

68

Re Hall & Barker

Shoe maker analogy for entire obligations

69

What is an example of a statutory classification of a condition?

S.12(1) SoGA

70

What does the case of Stocznia Gdansk enforce a claimant must do to keep the right to elect?

Expressly reserve the right if they call upon performance

71

Dakin (H) v Lee

Trivial repairs (£1500)