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25 Cards in this Set

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  • Back
TURNBULL V MCLEAN
Selling and buying coal - counterpart obligations - mutuality
GRAHAM
contract breakers can enforce the contracts they break up to the point of breach
BANK OF EAST ASIA
Money paid up to the date of breach had to be paid
INVERESK V TULLIS RUSSEL
Mini contracts - breach counts in different contracts as long as it's under the same transaction
WADE V WALDON
Definition for material breach - when breach is of stipulations at the root of the contract - comedian failed to give prior notice but viewed as not a material breach
WHITE V CARTER
You dont have to rescind, can affirm contract
LINDLEY CATERING V HIBS
If party has a chance to resolve breach he should be given that chance
COURT OF SESSION ACT 1988
Interdict and interm remedies
HIGHLAND & UNIVERSAL V SAFEWAY
Wanted to end lease earlier than contracted. keep open clause used specific implement
DUNLOP PNEUMATIC TYRE V NEW GARAGE
Liquidated damages enforceable due to contract breach
WATSON LAIDLAW V POTT CASSALS
Compensation authority - restore person who sustained injury to their state prior to injury
RUXLEY ELECTRONICS V FORSYTH
Cost of cure of too shallow swimming pool
ATTORNEY GENERAL V BLAKE
Spy published book of secrets and gov sued publishers but was no loss so got damages measured from spys gain instead
WILSON V CARMICHAEL & SONS
Wrong cabbages. loss of profit but he ought to have realised - was careless so causation and limit on damages
HADLEY V BAXENDALE
Damages should arise naturally from contract or special circumstances aware to parties when the contract was made. Mill wheel broken and delay in return. No damages since urgency was not stated in the contract
VICTORIA LAUNDRY
Can only recover reasonably foreseeable loss. purchaser of laundry machines delivered late and recovered profits they would have had if it had arrived on time
AURDAL V ESTRELLA
A sold ship to B which was assigned to C for delivery to pass spanish laws No consent was needed from A to do this. Assignation law.
JAMES SCOTT V APOLLO
Assignation was not valid due to limitation clause stating that other party must be consulted
CARMICHAEL V CARMICHAEL
Father took out life ensurance for son to pay back when he reached 21 but he died in the war before completing contract. Not clear who money belonged to
1) intention to convey right
2) intended to be irrevocable
3) 3rd party clearly identified
CUTHBERTSON V LOWES
Potatoes sold at illegal measurements through statute. could not sue on contract so UE used to recover value of potatoes. illegal contract
BARR V CRAWFORD
Bribery of public official. contract to do something illegal
ST JOHN SHIPPING
Illegal manner of lawful contract. overloaded ship so had to pay fine
TAYLOR V CADWELL
Concert hall burnt down so contract was impossible -frustration
JAMES FRAZER V DENNY MATT
Regulations during WW2 made contracts illegal
DAVIS CONTRACTORS V FAREHAM
frustration definition - not fault of either party
1) frustration
2) circumstances changed
3) without parties fault
4) performance radically different
5) contract incapable of being performed