Contract Law TP2, Breach of Contract

?
  • Created by: 10dhall
  • Created on: 04-05-19 15:53
What forms a breach of contract?
Without lawful excuse: frustration, party fails to perform obligation imposed under the terms, performs an obligation defectively: failing to meet standard
1 of 5
What is a primary obligation?
They determine the performance due under the terms of the contract (main obligations), breach of primary triggers secondary obligation to pay damages
2 of 5
What is a secondary obligation?
To pay damages
3 of 5
Types of obligation?
Strict & qualified, strict: must perform precisely, qualified: must be carried out to a standard of reasonable care and skill: services and goods
4 of 5
Consequences of a breach?
On proof of breach, you can claim damages as a right (unless a valid exemption clause) unless it is a repudiatory breach the contract continues and future obligations must be performed
5 of 5

Other cards in this set

Card 2

Front

What is a primary obligation?

Back

They determine the performance due under the terms of the contract (main obligations), breach of primary triggers secondary obligation to pay damages

Card 3

Front

What is a secondary obligation?

Back

Preview of the front of card 3

Card 4

Front

Types of obligation?

Back

Preview of the front of card 4

Card 5

Front

Consequences of a breach?

Back

Preview of the front of card 5

Comments

No comments have yet been made

Similar Law resources:

See all Law resources »See all Contract resources »