Flashcards in Termination for Breach Deck (17):
British Russian Gazette v Associated Newspaper Ltd (1933)
If one party has already performed their side of a contract before discharge by agreement, accord and satisfaction is necessary.
The Hannah Blumenthal (1983)
A contract can be ended by implication arising from conduct.
The Mihalis Angelos (1970)
Claimant agreed to lease a ship from the defendant at a specified date, the ship was not ready for this date, held: the ready to load date was a condition - necessary for legal certainty.
Hong Kong Fir v Kawasaki (1962)
Ship was chartered for 24 months, was not available for 5 months due to damages, was held that this did not amount to substantial deprivation of the whole benefit, breach was not repudiatory.
The Hansa Nord (1976)
Some of a load of goods was damaged, buyer rejected load, seller sold to a third party cheaply, the original buyer then bought the goods from this party, held: no repudiatory breach, the buyer shouldn't have terminated, a price reduction would have been sufficient.
Arcos v Ranaason (1933)
Implied term found that goods must match their description.
Bunge Corporation v Tradax (1981)
Buyer was required to give 15 days notice for loading of goods, only gave 13, court held it was a condition, necessary for legal certainty.
Schuler v Wickman
Agreed weekly visits would occur, called it a condition in the contract, whole contract was examined, held: it wouldn't be reasonable for the term to be held to be a condition.
Lombard North Central v Butterworth (1987)
Contract for lease of computer contained clause requiring prompt payment, held to be a condition, parties had demonstrated that it was an essential term.
Poussard v Spiers (1876)
P was an opera singer engaged to perform for 3 months, she missed the first few days due to illness and was fired, held: performance of the first few days was extremely important, could be a condition.
Bettini v Gye (1876)
Opera singer missed a few days of rehearsals, not a condition, they did not go to the core of the contract.
The Santa Clara (1996)
Communication need not be in language of acceptance, may be implicit in conduct.
Photo Production v Securicor (1980)
Company had exclusion clause in their contract excluding liability for damages, it was argued that contract (including exclusion clause) ceased to exist when it was broken, held contract still existed, secondary obligations were now in force.
White & Carter v McGregor (1962)
One party wished to end the contract, committed repudiatory breach, the other party affirmed the contract as punishment, held they could do this, affirming only not an option if the contract requires cooperation or there is no legitimate interest financial or otherwise in affirming.
Attica v Ferrostaal (1976)
Ship was rented but not returned due to damages, leaser was willing to pay damages rather than return the ship, held: there was no legitimate interest in requiring the ship to be returned.
Hochster v De La Tour
On 11 May a contract was cancelled (before performance), court action was taken on 22 May, held: damages could be claimed from 11 May when the anticipatory breach occurred