Breach of Contract

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1. What was the main point in Inveresk Plc v Tullis Russell Papermakers Ltd?

  • The specified contract must be thorough to enable performance
  • A judge must be sought in times of dispute
  • obligations presumed to be counterparts unless clear indication to contrary
  • For retention to be granted, the obligations must take place contemporaneously ie. the counter obligations existed at the same time
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2. What options are available to the innocent party?

  • Court Injunction and Damages
  • Forced Performance and Implicit Performance
  • Suspending Performance and Terminating Performance
  • Terminating and Withholding Performance

3. Which year was Inveresk Plc v Tullis Russell Papermakers Ltd?

  • 1960
  • 2009
  • 2010
  • 1980

4. the right to performance of mutual obligations is absolute

  • False, it is conditional
  • True it is absaloute

5. What principle does the conditional nature of mutual obligations rely on?

  • the condition is that performance must always be demanded
  • the condition is that performance cannot be demanded unless given in return
  • the condition is that performance must be to a satisfactory standard on at lease one side

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