Breach of Contract: Actual and Anticipatory Breach (OCR A-Level Law): Flashcards
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Practise the cards
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Breach of contract definition
Breach of contract definition
One party fails to perform their contractual obligations
Three scenarios where breach occurs
Three scenarios where breach occurs
Non-performance, defective performance, repudiating obligations
Condition (contract term)
Condition (contract term)
Fundamental term going to the heart of the contract
Warranty (contract term)
Warranty (contract term)
A lesser/minor term not going to heart of contract
Remedy for breach of condition
Remedy for breach of condition
Repudiate contract and/or claim damages
Remedy for breach of warranty
Remedy for breach of warranty
Damages only (cannot repudiate contract)
Innominate term
Innominate term
Intermediate term; classification depends on breach impact
Anticipatory breach
Anticipatory breach
Party indicates before performance due they won't perform
Hochester v De La Tour (1853) principle
Hochester v De La Tour (1853) principle
Anticipatory breach can be sued immediately without waiting
The Hong Kong Fir Case (1962) principle
The Hong Kong Fir Case (1962) principle
Introduced innominate terms; courts assess actual consequences