Breach of Contract

HideShow resource information

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

  • For retention to be granted, the obligations must take place contemporaneously ie. the counter obligations existed at the same time
  • The specified contract must be thorough to enable performance
  • obligations presumed to be counterparts unless clear indication to contrary
  • A judge must be sought in times of dispute
1 of 20

Other questions in this quiz

2. 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

3. What was the main point in Macari v Celtic FC 1999?

  • For retention to be granted, the obligations must take place contemporaneously ie. the counter obligations existed at the same time
  • the breach must relate to obligations which are counterparts
  • obligations presumed to be counterparts unless clear indication to contrary
  • The specified contract must be thorough to enable performance

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

  • For a party to exercise their right of retention by withholding performance there must be a rectifiable breach
  • 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
  • For retention to be granted, the obligations must take place contemporaneously ie. the counter obligations existed at the same time
  • The specified contract must be thorough to enable performance

5. Termination of performance takes place when..?

  • Material breach or repudiation
  • Money exchanged for goods or services
  • Lack of performance
  • Repudiation

Comments

No comments have yet been made

Similar Law resources:

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