Breach of Contract

HideShow resource information

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
1 of 20

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 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

Comments

No comments have yet been made

Similar Law resources:

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