Contract Law: Discharge via Breach
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Questions and Answers

What type of breach occurs when a party refuses to perform a contract?

  • Inability to perform contract
  • Refusal to perform contract (correct)
  • Breach of fundamental term
  • Anticipatory breach

What is the result of a breach of fundamental term of a contract?

  • A lawsuit is filed against the breaching party
  • The contract is terminated via breach of fundamental terms (correct)
  • The contract remains valid
  • The non-breaching party is penalized

What type of term gives a person the right to terminate a contract by breach?

  • Warranty
  • Condition (correct)
  • Fundamental term
  • Innominate term

What is an anticipatory breach of a contract?

<p>A breach that occurs before the time for performance (D)</p> Signup and view all the answers

What action by the Respondent constitutes acceptance of the Appellant's repudiation?

<p>Cashing the returned booking fee cheque (B)</p> Signup and view all the answers

What section of the Contract Act deals with the instances of breach of contract?

<p>S.40 CA (B)</p> Signup and view all the answers

What is the consequence of a breach of an innominate term with a serious effect?

<p>Terminate the contract and claim damages (A)</p> Signup and view all the answers

What is the right that arises when a breach of a warranty occurs?

<p>Only claim damages (B)</p> Signup and view all the answers

What is the term used to describe a breach that gives the right to terminate the contract?

<p>Fundamental breach (D)</p> Signup and view all the answers

Which case is associated with the concept of 'fundamental breach'?

<p>Suisse Atlantique Maritime SA v. Kemungkiran (B)</p> Signup and view all the answers

What is the effect of a fundamental breach on the contract?

<p>It terminates the contract and allows the party to claim damages (A)</p> Signup and view all the answers

What is the consequence of a breach of an innominate term with no serious effect?

<p>Only claim damages (A)</p> Signup and view all the answers

What is the term for the refusal of a party to perform a promise wholly?

<p>Repudiation (A)</p> Signup and view all the answers

What is the consequence of a party's refusal to perform a promise in its entirety?

<p>The promisee may put an end to the contract (D)</p> Signup and view all the answers

What is the term for the cancellation of a contract?

<p>Rescission (A)</p> Signup and view all the answers

In the case of Cheng Chuan Development Sdn Bhd v. Ng Ah Hock, what did the Respondent pay?

<p>The booking fee (B)</p> Signup and view all the answers

What is the term for a breach of a fundamental term of a contract?

<p>Fundamental Breach (C)</p> Signup and view all the answers

What did the Appellant do after selling the house at the original price?

<p>Tried to increase the price of the house (C)</p> Signup and view all the answers

What is the term for the end of a contract?

<p>Termination (C)</p> Signup and view all the answers

What did the Appellant do to the Respondent in the case of Cheng Chuan Development Sdn Bhd v. Ng Ah Hock?

<p>Tried to increase the price of the house (B)</p> Signup and view all the answers

Study Notes

Discharge of Contract via Breach

  • Discharge of contract occurs when a party refuses to perform or disables themselves from performing their promise in its entirety.

Terminology

  • Repudiation: refusal to perform a promise
  • Termination: putting an end to the contract
  • Rescission: cancellation of a contract
  • Fundamental Breach: a serious breach that gives the innocent party the right to terminate the contract
  • Breach of Fundamental Terms: a breach of essential terms that allows the innocent party to terminate the contract

Effect of Refusal of Party to Perform Promise

  • Section 40 of the Contracts Act 1950: a party may put an end to the contract if the other party refuses to perform or disables themselves from performing their promise.
  • Example: Cheng Chuan Development Sdn Bhd v Ng Ah Hock (2 MLJ 222): a housing developer's attempt to increase the price of a house and return of the booking fee was considered a repudiation of contract, and the contract was terminated.

Instances of Breach of Contract

  • Breach of fundamental term of contract
  • Refusal to perform contract
  • Inability to perform contract
  • Anticipatory breach

Classification of Terms

  • Condition: a term that gives the right to terminate the contract if breached
  • Warranty: a term that only allows for damages if breached
  • Innominate terms: a term that may or may not give the right to terminate the contract depending on the seriousness of the breach

Rights that Arise when a Breach Occurs

  • Condition: terminate the contract and claim damages
  • Warranty: only claim damages
  • Innominate terms: terminate the contract and claim damages if the breach has a serious effect, or only claim damages if the breach does not have a serious effect

Fundamental Breach

  • Defined as a serious breach that gives the innocent party the right to terminate the contract and claim damages
  • Example: Suisse Atlantique Societe v. NV Rotterdamsche Kolen Centrale (fundamental breach is a shorthand for a breach that is so serious that it goes to the root of the contract)

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Description

Test your understanding of contract law, focusing on discharge via breach, terminology, instances of breach, and remedies. This quiz is relevant for law students, especially those in Semester 2 2024/2025.

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