Contract Law: Breach of Contract

• What should each person do regarding the topic of frustration?

  Write down what they can recall
• What is the scenario involving Fern and the Grove Hotel?

  • Fern books a room for the Notting Mount festival
  • Pays a £20 deposit in March
  • Remaining £100 due on festival day
  • Festival cancelled due to storm damage
• What does Fern order from Harriet’s boutique?

  A dress made to order for the festival
• Why does Fern tell Harriet she no longer needs the dress?

  Her aunt gives her a similar dress
• What does Fern order for the dance on the evening of the festival?

  A luxury taxi from Kardeals
• What happens when the taxi arrives for Fern?

  She is told to take a different taxi
• How is the taxi that Fern receives described?

  Cold, noisy, dirty, and breaks down
• What is a breach of contract?

  • Failure to perform contractual obligations
  • Defective performance
  • Lies found within a contract
• What is an actual breach?

  Occurs during performance of the contract
• What are the terms of Barry's contract with Wobbly Ltd.?

  • Machine picks potatoes at 100 per minute
  • Requires two-star petrol to operate
  • Delivery at 12 noon on 1st July
• What happens when Barry receives the potato picking machine?

  It is delivered three hours late
• What does Barry find when he operates the machine?

  It picks only 30 potatoes per minute
• What type of petrol does the machine actually require?

  Four-star petrol
• What are damages in contract law?

  • Breach of a condition or warranty
  • Example: Bettini v Gye
  • Restores party to pre-contract position
• What is repudiation in contract law?

  • Breach of a condition
  • Example: Poussard v Spiers
• What is anticipatory breach?

  Notice given that contract won't be performed
• What case illustrates anticipatory breach?

  Hochester v de la Tour
• What does self-induced impossibility mean?

  Conduct prevents fulfilling contractual obligations
• What are Fern's options for anticipatory breach?

  She can sue immediately or wait
• Why is suing immediately useful in anticipatory breach?

  It avoids unnecessary delay in action
• What does "wait and see" refer to in anticipatory breach?

  Delaying action to observe the situation
• What does performing the contract anyway mean?

  Completing the contract despite the breach
• What are the implications of anticipatory breach for parties involved?

  • Allows for immediate legal action
  • Avoids waiting for actual breach
  • Can lead to damages or contract completion