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Contract Law: Breach and Remedy - Statistics
General Stats
- This quiz has been taken 3 times
- The average score is 4 of 39
Answer Stats
| Hint | Answer | % Correct |
|---|---|---|
| Does failure to perform automatically terminate? | No | 100%
|
| Can you double claim? | No | 100%
|
| What term gives you the right to terminate if broken? (1) | Condition | 67%
|
| What other type of breach exists | Anticipatory | 33%
|
| What are the different types of damages | Compensatory | 33%
|
| Expectation/performance | 33%
| |
| Punitive | 33%
| |
| Restitution | 33%
| |
| Acceptance of goods /(B2B contract s 11(4) SGA) | 0%
| |
| Employee dismissed in a humiliating way sought damages for injured feelings. Issue was whether non-pecuniary loss is recoverable for wrongful dismissal. Court held such damages are not recoverable; only financial losses can be claimed. | Addis v Gramophone (1909) | 0%
|
| Actor repudiated contract and TV company claimed wasted expenditure, including pre-contract costs. Issue was whether pre-contract reliance expenses are recoverable. Court held yes, if they were within the parties’ contemplation. | Anglia TV v Reed (1972) | 0%
|
| - Singer contracted to perform for agreed duration, including 6 day rehearsal period, Singer turned up two days before performance period - Not a condition as did not go tpo the very root of the contract by not appearing for rehearsals | Bettini v Gye (1876) | 0%
|
| Nature of accepting breach | Clear | 0%
|
| Communicated | 0%
| |
| Cost of cure | 0%
| |
| Courts | 0%
| |
| How is this quantified? | Difference in value; or | 0%
|
| When does right to accept breach as repudiatory get lost? | Estoppel | 0%
|
| What is general way of compensating loss, by compensating loss of benefit of promised performance | Expectation loss | 0%
|
| Surveyor failed to warn buyer about aircraft noise; no financial loss but significant loss of amenity. Issue was whether non-pecuniary damages are recoverable in contract. Court held they are recoverable where a major contractual purpose relates to comfort or amenity. | Farley v Skinner (2001) | 0%
|
| When are terms seen as 1? | Formation | 0%
|
| - Ship owners let the vessel, contract stated ‘seaworthy vessel’ to be provided, also said it was in good condition but needed constant maintenance - Chief engineer incompetent - Seaworthiness not seen as condition, but warranty | Hong Kong Fir v Kawasaki [1962] | 0%
|
| What type of term means the remedy is dependent on the type of breach? (3) | Innominate | 0%
|
| Irrevocable | 0%
| |
| Lapse of time in general | 0%
| |
| Whose choice is this? | Non-failing party | 0%
|
| Non-pecuniary | 0%
| |
| Shipowner incurred preparatory expenses, but after repudiation re-chartered at a higher profit. Issue was whether wasted expenditure is recoverable despite no net loss. Court held no: reliance damages cannot exceed the claimant’s actual loss. | Omak Maritime v Mamola Challenger (2010) | 0%
|
| - Singer contracted by D to perform for three months. Fell ill, couldn’t perform for first three days
- D refused
- Failure to turn up went to the root of the contract and thus singer in breach | Poussard v Spiers (1876) | 0%
|
| What type of breach is seen as going to the 'root of the contract' | Repudiatory | 0%
|
| Swimming pool built shallower than specified but still usable and with no loss in value. Issue was the proper measure of damages when cost of cure is disproportionate. Court awarded “loss of amenity,” not cost of reconstruction, nominal award. | Ruxley v Forsyth (1996) | 0%
|
| Statute for market price rule regarding non-acceptance of goods | s50(3) SGA | 0%
|
| Statute for market price rule regarding non-delivery of goods | s51(3) SGA | 0%
|
| Where might 1 be classified | Statute | 0%
|
| Developer breached a covenant by building more houses than permitted, but the councils suffered no financial loss. Issue was whether they could claim profit-based damages. Court held damages in contract are compensatory only; only nominal damages were awarded. | Surrey CC v Bredero Homes [1993] | 0%
|
| Charterer repudiated but war later broke out, which would have ended the contract anyway. Issue was whether later events can reduce damages. Court held they can; damages reflect actual loss, not hypothetical loss at breach date | The Golden Victory (2007) | 0%
|
| Valid regardless of reason | 0%
| |
| What term if broken only grants damages? (2) | Warranty | 0%
|
| What is available when loss of profits is too speculative | Wasted expenditure | 0%
|
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