Whether the failure is a breach of condition or warranty
What the parties have agreed between themselves
7. Which case illustrates this exception to the general rule?
Bettini -v- Gye
Planche -v- Colburn
Hoenig -v- Isaacs
Bolton -v- Mahadeva
8. A further exception to the general rule is where one party prevents performance of the contract and the injured party can sue for payment of work done so far
True
False
9. Which case illustrates this exception to the general rule?
Planche -v- Colburn
Hoenig -v- Isaacs
Bolton -v- Mahadeva
D & C Builders -v- Rees
10. Is there a further exception to the general rule?
Yes, in divisible or severable contracts where one party can claim payment when only part of the contract has been completed
No, there are no further exceptions as the exceptions only apply to entire contracts
11. What does the phrase "time is of the essence" mean?
A contractual expression where time for performance is a vital term of the contract (e.g. a condition)
It is important for the contract to be entered into as soon as possible where market fluctuations may apply
12. Time will not be of the essence except where expressly or impliedly stated in the contract, an agreed date for performance of a contractual obligation has passed and the one party notifies the other that time is now of the essence or time is of the essenc
True
False
13. Breach of contract always permits an action in damages
True
False
14. The party must have failed to render any form of performance or provided inadequate performance so as to destroy the purpose of the contract
True
False
15. What is the situation where a breach of condition occurs?
Innocent party can repudiate the contact and claim damages for any losses suffered
Innocent party can only claim damages for any losses suffered
16. Which case illustrates this point?
Poussard -v- Spiers & Pond
Bettini -v- Gye
17. What is the situation where a breach of warranty occurs?
Innocent party can only claim damages for any losses suffered
Innocent party can repudiate the contact and claim damages for any losses suffered