discharge by breach p2

Question 1

breach of contract

Answer 1

•not followed their conditions
•both parties do not agree to discharge the contract -no agreement

Question 2

what is actual breach?

Answer 2

this is where a party to a contract does not preform their obligations under a contract at all

Question 3

an example of an actual breach - case

Answer 3

platform funding ltd v bank of scotland

Question 4

what is anticipatory breach?

Answer 4

this is where a indicates in advance that they will not be preforming their obligations as agreed

Question 5

an example of an anticipatory breach -case

Answer 5

hochester v de la tour

Question 6

what are the options for the claimant if an anticipatory breach occurs?

Answer 6

when an anticipatory breach occurs the claimant has a few options:
•they can treat the contract as terminated and sue for damages immediately
•alternatively they can wait until time of performance and sue for damages then - however this one is not favoured by the judge

Question 7

what is frustration?

Answer 7

frustration of a contract is when unforeseen circumstances occur which prevents the contract to be fulfilled
eg venue burning down