Discharge of a contract: Breach

Question 1

When does a breach occur?

Answer 1

When a party fails to perform their obligations under the contract

Question 2

When does a breach arise? 1

Answer 2

When there is non performance

Question 3

When does a breach arise? 2

Answer 3

When there is a defective performance

Question 4

When does a breach arise? 3

Answer 4

When there are repudiating obligations without any justifications.

Question 5

What are the types of breach?

Answer 5

Breach of a general term- damages
Breach of a condition - sufficient to allow repudiation
An anticipatory breach - one party notifies the other of an intention to breach

Question 6

What is the consequence of a breach of a general term?

Answer 6

Damages, but cannot repudiate contract for breach of warranty

Question 7

What is the consequence of a breach of a condition

Answer 7

Damages and/or repudiation of a contract

Question 8

What is the consequence of a anticipatory breach?

Answer 8

sue immediately or wait till the breach. Frost v Knight

Question 9

Frost v Knight

Answer 9

Promised to marry when father died. Broke off engagement before he died. Successfully sued even though breach had not yet arrived