Breach of Contract

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1. 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 specified contract must be thorough to enable performance
  • the breach must relate to obligations which are counterparts
  • obligations presumed to be counterparts unless clear indication to contrary
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2. the right to performance of mutual obligations is absolute

  • False, it is conditional
  • True it is absaloute

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

  • 1997
  • 1906
  • 2002
  • 1985

4. What is Bank of East Asia Ltd v Scottish Enterprise about?

  • Breach of contract, party unable to pay.
  • Parties had no consensus ad idem
  • For retention to be granted, the obligations must take place contemporaneously ie. the counter obligations existed at the same time
  • There does not need to be contemporaneously of obligations when seeking retention.

5. What options are available to the innocent party?

  • Court Injunction and Damages
  • Suspending Performance and Terminating Performance
  • Terminating and Withholding Performance
  • Forced Performance and Implicit Performance

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