Breach of Contract

HideShow resource information

1. What was the main point in Hoult v Turpie 2004?

  • For retention to be granted, the obligations must take place contemporaneously ie. the counter obligations existed at the same time
  • For a party to exercise their right of retention by withholding performance of their obligation, the other party must be in material breach of the contract in a way that threatened its future performance
  • The specified contract must be thorough to enable performance
  • For a party to exercise their right of retention by withholding performance there must be a rectifiable breach
1 of 20

Other questions in this quiz

2. What is essential for retention?

  • The obligations must not be counterparts
  • The obligations must be counterparts (reciprocal)
  • The obligations must be of high value

3. Select a mutuality principle

  • a “mutual contract” is one in which obligations on each side are “causes” of each other (i.e. counterparts, so both parties have interdependent obligations)
  • a "mutual contract" is one where one party has an obligation and the other can perform to a certain extent

4. Which year was Macari v. Celtic FC?

  • 1999
  • 1989
  • 1976
  • 1982

5. What is Bank of East Asia Ltd v Scottish Enterprise about?

  • Parties had no consensus ad idem
  • For retention to be granted, the obligations must take place contemporaneously ie. the counter obligations existed at the same time
  • Breach of contract, party unable to pay.
  • There does not need to be contemporaneously of obligations when seeking retention.

Comments

No comments have yet been made

Similar Law resources:

See all Law resources »See all Obligations 1B resources »