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Flashcards in Termination - week 10 Deck (14)
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1

What causes extinction of obligations

Waiver
Delegation/ Novation
Compensation (set off)
Confusion
Prescription
Mora taciturnity and acquiescence
Frustration

2

Types of breaches of contract

anticipatory; non performance; defective performance; late performance

3

Describe elements of mutuality

Rights and duties are the counterpart of one another

Party in breach cannot insist on further performance by other party

Innocent party is not relieved of liabilities already incurred while party in breach conformed to contract

4

Case regarding mutuality

Graham v United Turkey Red Co 1922 SC 533;

5

Describe materiality

The more serious the breach the greater the range of remedies. A breach that does not go to the root of the contract will not entitle the other party to rescind.

6

Case regarding mutuality

Wade v Waldon 1909 SC 571

7

What is recission ?

one possible response of innocent party to material breach/ repudiation by the other party

8

What effect does recission have and a case that deals with it

Releases the innocent party from future obligations but not those already accrued
See dictum of Lord Drummond-Young in McNeil v Aberdeen City Council (No2) [2013] CSIH 103. W&B 10.08

9

What is repudiation ?

Repudiation = effect either of material breach or anticipatory breach

10

What is an anticipatory breach ?

Repudiation before time of performance

11

What options do the innocent party have to deal with this breach ?

Rescind and sue for damages
Wait until time for performance and then sue for damages
Perform and sue for contract price

12

What is a condition for claiming damages ?

When claiming damages the innocent party must take reasonable steps to mitigate losses.

13

Describe self - help remedies that can be exercised without ending the contract

Retention
Lien

14

Describe judicial remedies

Declarator
Payment
Count, reckoning and payment
Specific implement
Interdict
Damages