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

  • The specified contract must be thorough to enable performance
  • 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
  • obligations presumed to be counterparts unless clear indication to contrary

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

  • 1997
  • 2002
  • 1985
  • 1906

8. Termination of performance is also called

  • Rescission
  • Respartum
  • Retention
  • Repudiation

9. What was the main point in Hoult v Turpie 2004?

  • 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 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

10. Select a mutuality principle

  • a “mutual contract” is one in which obligations on each side are “causes” of each other (i.e. counterparts, so both parties have interdependent obligations)
  • a "mutual contract" is one where one party has an obligation and the other can perform to a certain extent

11. What principle does the conditional nature of mutual obligations rely on?

  • the condition is that performance cannot be demanded unless given in return
  • the condition is that performance must be to a satisfactory standard on at lease one side
  • the condition is that performance must always be demanded

12. Suspending performance is called?

  • Recalling
  • Retention
  • Repudiation
  • Suspending

13. What options are available to the innocent party?

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

14. If part of a single transaction, do all obligations need to be in one contract?

  • No, they can be split over several contracts
  • Yes, they must all be in one contract

15. What is essential for retention?

  • The obligations must be counterparts (reciprocal)
  • The obligations must be of high value
  • The obligations must not be counterparts

16. 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

17. the right to performance of mutual obligations is absolute

  • False, it is conditional
  • True it is absaloute

18. Which year was Macari v. Celtic FC?

  • 1976
  • 1982
  • 1999
  • 1989

19. Termination of performance takes place when..?

  • Material breach or repudiation
  • Lack of performance
  • Repudiation
  • Money exchanged for goods or services

20. 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