discharge by argeement - p2

Question 1

accord and satisfaction

Answer 1

•british russian gazette v associated news papers
- claimant was going to enforce breach of contact but the defendant issued an apology and compensation. claimant accepted it, yet still tried to sue them
outcome: court ruled that if they accept the accord and satisfaction then they cannot sue

Question 2

rescission

Answer 2

•morris v baron
-parties had an original contract for sales and goods. they made a new agreement and updated the terms of the agreement. one party tried to enforce original contract
•outcome: the new agreement rescinded the original agreement, so it can no longer be enforced

Question 3

variation

Answer 3

•berry v berry
- variation is when the original contract had been discharged with. the original contract is not valid
-replaces the original contract

Question 4

waiver

Answer 4

•hartley v hymans
-the court ruled that by accepting deliveries late without complaint. then the buyer waived the right to insist on strict timing and could not suddenly reject a late delivery
•waiver - when a party fails to do something but the other party does not enforce the contract