Discharge- Breach of contract

Question 1

Breach intro

Answer 1

A breach of contract is where a valid contract has been formed an exists, but something has gone wrong. There are two types of breach: Actual and Anticipatory.

Question 2

Breach type 1

Answer 2

Actual breach= this is where a party has failed to perform their obligations under the contract. However, it depends on what type of term has been breached:
- Breach of a condition (Poussard vs Spiers)- the contract is ended
and/ or sue for damages
-Breach of a warranty (Bettini vs Gye)= The contract must carry on, but damages can be claimed

Question 3

Breach type 2

Answer 3

Anticipatory breach- This is when a party to a contract gives notice in advance to the other party that he or she will not be performing or completing the contract.
Breach of a condition or a warranty= claimant chooses whether to sue immediately, or wait for the consequences of the breach to happen, and then sue. (Hochester vs De la Tour)