Breach of Contract

?
What options are available to the innocent party?
Suspending Performance and Terminating Performance
1 of 20
Suspending performance is called?
Retention
2 of 20
Suspending performance is under which principle?
Mutualtiy
3 of 20
Termination of performance takes place when..?
Material breach or repudiation
4 of 20
Termination of performance is also called
Rescission
5 of 20
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)
6 of 20
the right to performance of mutual obligations is absolute
False, it is conditional
7 of 20
What principle does the conditional nature of mutual obligations rely on?
the condition is that performance cannot be demanded unless given in return
8 of 20
What is essential for retention?
The obligations must be counterparts (reciprocal)
9 of 20
What is the presumption with obligations?
Obligations are presumed to be counterparts unless clear indication to contrary
10 of 20
What must obligations be?
Contemporaneous
11 of 20
If part of a single transaction, do all obligations need to be in one contract?
No, they can be split over several contracts
12 of 20
What is Bank of East Asia Ltd v Scottish Enterprise about?
For retention to be granted, the obligations must take place contemporaneously ie. the counter obligations existed at the same time
13 of 20
Which year was Macari v. Celtic FC?
1999
14 of 20
Which year was Inveresk Plc v Tullis Russell Papermakers Ltd?
2010
15 of 20
Which year was Hoult v Turpie?
2004
16 of 20
What was the main point in Inveresk Plc v Tullis Russell Papermakers Ltd?
obligations presumed to be counterparts unless clear indication to contrary
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What was the main point in Macari v Celtic FC 1999?
the breach must relate to obligations which are counterparts
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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
19 of 20
What is AMA (New Town) Ltd v McKenna 2011 about?
Simultaneous Performance
20 of 20

Other cards in this set

Card 2

Front

Suspending performance is called?

Back

Retention

Card 3

Front

Suspending performance is under which principle?

Back

Preview of the front of card 3

Card 4

Front

Termination of performance takes place when..?

Back

Preview of the front of card 4

Card 5

Front

Termination of performance is also called

Back

Preview of the front of card 5
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