Podcast
Questions and Answers
What best describes non-performance in contract law?
What best describes non-performance in contract law?
- Performing the contract obligations with minor defects.
- Failing to perform any contractual obligations. (correct)
- Completing part of the contract obligations.
- Performing the contract obligations but not on time.
Which type of breach involves performing less than what is required by the contract?
Which type of breach involves performing less than what is required by the contract?
- Non-performance
- Late performance
- Anticipatory breach
- Partial performance (correct)
In the case of substantial performance, what is typically true about the work completed?
In the case of substantial performance, what is typically true about the work completed?
- The work can have minor defects that are fixable. (correct)
- The work can be incomplete but must meet some minimum criteria.
- The work must be completed well ahead of schedule.
- The work must meet all specifications perfectly.
In the case of Hoenig v Isaacs, what was the outcome regarding the performance of H?
In the case of Hoenig v Isaacs, what was the outcome regarding the performance of H?
What is characteristic of less than substantial performance?
What is characteristic of less than substantial performance?
What type of breach is indicated by a party failing to perform their contractual duty before it's due?
What type of breach is indicated by a party failing to perform their contractual duty before it's due?
In Connor v Stainton, what aspect of the fence construction was considered a breach?
In Connor v Stainton, what aspect of the fence construction was considered a breach?
Why is late performance considered a breach of contract?
Why is late performance considered a breach of contract?
What was the primary issue in the case of Connor v Stainton?
What was the primary issue in the case of Connor v Stainton?
What conclusion was reached regarding T's performance in Steele v Tardiani?
What conclusion was reached regarding T's performance in Steele v Tardiani?
Which scenario qualifies as an anticipatory breach?
Which scenario qualifies as an anticipatory breach?
What did the court find regarding the performance of T in Steele v Tardiani?
What did the court find regarding the performance of T in Steele v Tardiani?
What characterizes a late performance in contract law?
What characterizes a late performance in contract law?
What was the outcome for H when D informed him of the cancellation three weeks prior to performance?
What was the outcome for H when D informed him of the cancellation three weeks prior to performance?
Which of the following best describes the concept of substantial performance?
Which of the following best describes the concept of substantial performance?
In the context of anticipatory breach, what consequence does it share with actual breach?
In the context of anticipatory breach, what consequence does it share with actual breach?
Flashcards are hidden until you start studying
Study Notes
Types of Breach
- Breaches of contract can be categorized as non-performance, partial performance, late performance, or anticipatory breach.
Non-performance
- Defined as a complete failure to perform contractual obligations.
- Occurs when the performance deadline arrives with no action taken or when actions are unrelated to the contract.
- Example case: Varley v Whipp illustrates non-performance.
Partial Performance
- Involves anything less than full compliance with contract terms, still constituting a breach.
- Two classifications:
- Substantial Performance: Significant compliance in a way that achieves the contract's main purpose, despite minor defects.
- Less than Substantial Performance: Material deviations from the contractual agreement.
Substantial Performance: Hoenig v Isaacs
- Contract involved painting and furnishing an apartment for £750.
- Due to poor execution, an additional £55 was spent to rectify defects.
- Court ruled H had substantially performed the contract, allowing him to claim the price minus rectification costs.
Less than Substantial Performance: Connor v Stainton
- S was to build a fence; however, posts were improperly spaced (up to 18 feet apart).
- Court decided S did not achieve substantial performance because material shortcomings were present.
Less than Substantial Performance: Steele v Tardiani
- T failed to meet the contract terms for cutting and splitting firewood, producing inconsistent dimensions.
- Court ruled that T did not substantially perform due to significant deviations from the specifications in the contract.
Late Performance
- Failing to perform on time constitutes a breach, regardless of later fulfillment.
Anticipatory Breach
- Occurs when one party communicates inability or unwillingness to fulfill the contract before the due date, equivalent to actual breach.
Anticipatory Breach: Hochster v De La Tour
- D terminated H's courier services three weeks before the contract's start date.
- Court determined D's actions constituted an anticipatory breach, permitting H to sue prior to the performance date.
Studying That Suits You
Use AI to generate personalized quizzes and flashcards to suit your learning preferences.
