Other questions in this quiz

2. the right to performance of mutual obligations is absolute

  • False, it is conditional
  • True it is absaloute

3. Which year was Macari v. Celtic FC?

  • 1982
  • 1999
  • 1976
  • 1989

4. 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 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
  • For a party to exercise their right of retention by withholding performance there must be a rectifiable breach

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

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

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