Question 1

The general rule is that a contract is discharged by performance only where the parties have performed their obligations exactly as they are set out in the contract.

Accepted Answer

This is the general rule of discharge by performance in contract law. However, there are some exceptions where imperfect performance may still be considered sufficient or where performance may be excused due to unforeseen circumstances or breach by the other party.

Question 2

If the victim of a repudiatroy breach does not repudiate a contract then they will be deemed to have done what?

Accepted Answer

When the victim of a repudiatory breach does not repudiate a contract, they are deemed to have affirmed the contract. This means they have chosen to continue with the contract despite the breach.

Question 3

Which of the following cases involve an acceptance of partial contractual performance?

Accepted Answer

A,B

Question 4

In which cases have the courts overtly sought to accommodate the particular needs of particular commercial parties when seeking to classify contractual terms?

Accepted Answer

The answer of In which cases have the courts overtly...

Question 5

Which of the following two are features of a legitimate acceptance of a repudiatory breach as set out by Lord Steyn in Vitol v Norelf?

Accepted Answer

Lord Steyn in Vitol v Norelf stated that acceptance of a repudiatory breach requires no particular form and the aggrieved party need not personally notify the repudiating party of their decision to treat the contract as ended.

Question 6

Given the more flexible attitude that has emerged from the courts in respect of certain aspects of contract law is it right that a contract can still only be discharged by performing obligations to the letter of the agreement?

Accepted Answer

The answer of Given the more flexible attitude that has...

Question 7

Should the commission of a repudiatory breach lead to the automatic termination of a contract irrespective of parties wishes?

Accepted Answer

The answer of Should the commission of a repudiatory breach...

Question 8

Distinguish between rescission and repudiation.

Accepted Answer

The answer of Distinguish between rescission and repudiation....

Question 9

To what extent will the categorisation given to a contractual term by the parties to the contract bind a court?

Accepted Answer

The answer of To what extent will the categorisation given...

Question 10

Intermediate terms could be regarded as bringing about uncertainty. In which contracts have the courts sought to avoid this uncertainty and how has this been achieved?

Accepted Answer

The answer of Intermediate terms could be regarded as bringing...

Question 11

Why does a long term contract pose difficulties when one party has argued that there has been a serious or repudiatory breach?

Accepted Answer

The answer of Why does a long term contract pose...

Question 12

What is the effect of an anticipatory breach?

Accepted Answer

The answer of What is the effect of an anticipatory...

Question 13

Why did the House of Lords disagree with the approach of the Court of Appeal in Vitol v Norelf?

Accepted Answer

The answer of Why did the House of Lords disagree...

Question 14

When one party indicates to another that they do not intend to perform their outstanding obligations under a contract this is referred to as what?

Accepted Answer

This is referred to as an anticipatory breach. It is when one party indicates that they will not fulfill their obligations before the performance is due. This allows the other party to treat the contract as being breached and pursue legal remedies.

Question 15

The term at issue in the Hong Kong Fir case relates to what?

Accepted Answer

The term at issue in the Hong Kong Fir case is the seaworthiness of the ship. The case established that a charterer could terminate a contract if the ship was not seaworthy, but also established a test for what constitutes seaworthiness.

Question 16

In Re Moore & Co and Landauer & Co a contract was held not to be discharged because the canned food was not packaged as agreed.

Accepted Answer

The statement accurately reflects the holding in the case of Re Moore & Co and Landauer & Co. The court held that the contract was not discharged because the canned food was not packaged according to the terms of the agreement.

Question 17

In Arcos Ltd v EA Ronaasen & Son a contract was held not discharged because the timber supplied was 1/8 of an inch thicker than agreed, despite being usable for its intended purpose.

Accepted Answer

The answer of In <em class="italic">Arcos Ltd v EA Ronaasen...

Question 18

Generally, a party who has failed to fully perform all obligations may not claim for having fulfilled any obligations.

Accepted Answer

This is known as the doctrine of substantial performance, which means that a party must have fully performed their obligations in order to claim that they have fulfilled any obligations.

Question 19

A severable contract is useful because it permits a party who has failed to complete their obligations a claim for what has been done.

Accepted Answer

A severable contract, being divisible into separate parts, allows for partial enforcement or compensation for the segments of the contract that have been fulfilled, even if other parts have not been completed or have been breached.

Question 20

A repudiatory breach of a contract will usually bring a contract to an end whether or not that is the intention of the parties.

Accepted Answer

The answer of A repudiatory breach of a contract will...

Quiz 14: Discharge by Performance or Breach