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6. What does this exception depend on?

  • 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

18. Which case illustrates this point?

  • Bettini -v- Gye
  • Poussard -v- Spiers & Pond