Other questions in this quiz

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 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

4. Which year was Bank of East Asia Ltd v Scottish Enterprise?

  • 1985
  • 1997
  • 2002
  • 1906

5. What is AMA (New Town) Ltd v McKenna 2011 about?

  • Material Breach of Contract
  • For a party to exercise their right of retention by withholding performance there must be a rectifiable breach
  • Simultaneous Performance
  • For retention to be granted, the obligations must take place contemporaneously ie. the counter obligations existed at the same time

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