Remedies (AQA A-Level Law): Flashcards

📚Flashcards
Termination of Contract for Breach
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Remedy to end contract & walk away from future obligations

Termination

3 situations constituting breach of contract

Failure to perform, meet standards, unlawful repudiation

Most important terms going to root of contract

Conditions

Minor terms not fundamental to contract's main purpose

Warranties

Terms that can't be clearly classified as condition/warranty

Innominate terms (or intermediate terms)

Remedies available for breach of condition

Termination and/or damages

Remedy available for breach of warranty

Damages only (no right to terminate)

Breach indicated before performance is due

Anticipatory breach

Case: Only breach going to root of contract allows termination

The Hansa Nord (1976)

Case: Exclusion clauses may prevent liability for breach

Photo Productions v Securicor (1980)

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