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