1. What is the presumption with obligations?
- Obligations carry a counterpart nature when authorized by a Judge
- Obligations are presumed to be counterparts unless clear indication to contrary
- Obligations are not presumed counterparts in any circumstances
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2. 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 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
- The specified contract must be thorough to enable performance
3. What is essential for retention?
- The obligations must be counterparts (reciprocal)
- The obligations must be of high value
- The obligations must not be counterparts
4. What options are available to the innocent party?
- Suspending Performance and Terminating Performance
- Forced Performance and Implicit Performance
- Terminating and Withholding Performance
- Court Injunction and Damages
5. the right to performance of mutual obligations is absolute
- False, it is conditional
- True it is absaloute