Performance and Breach of Contract

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Performance and Breach of Contract
2013-06-11 03:33:33
performance breach contract pbl

performance and breach of contract
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  1. Cenhave NV v Breme Handelsgesellschaft mbH
    citrus pellets, 'good condition', innominate term, breach not serious - warranty
  2. Connor v Stainton
    fence 12 feet apart, further apart than promised, added droppers, not substantial performance, damages awarded
  3. Codelfa Construction v State Rail Authority NSW
    • noise levels, injunction, would cost Codelfa, terms implied ad hoc (obliging SRA to pay for extra costs) - NO. 
    • Time of contracting, parties believed nothing could prevent construction - could not be inferred intention to include term in contract. 
    • Frustration - performance possible only in a way that was fundamentally different.
  4. Government of Newfoundland v Newfoundland Railway Co
    grant money after each section built, entire project not completed, divisible contract
  5. Hochester v De la Tour
    courier to company, 3 weeks before - cancelled, anticipatory breach, immediate right to sue
  6. Hoenig v Isaacs
    paint apartment, furniture – badly done, rectify, substantial performance – must be accepted, paid for proportionately, deduct cost of repairs.
  7. Holland v Wiltshire
    sold land, extended deadline, failure to meet, did not intend to proceed with sale, deadline; late performance, entitled to resell and claim lossesnotice of decision to terminate.
  8. Koompahtoo Local Aboriginal Land Council v Sanpine
    develop land, keep accounts; termination – root of contract, deprived Council of substantial part of benefit; condition or innominate.
  9. Maritime National Fish v Ocean Trawlers
    3 licences, ask to take back boat, frustration; fault/deliberate act by party seeking relief.
  10. Phillips v Ellinson Brothers
    divisible contract; work 160 hrs/month – 60% profit, reduced work – informal arrangementoriginal contract not varied; not entitled to claim payment – had not performed obligations.
  11. Steele v Tardiani
    cut firewood, acceptance of partial performance, duty to pay pro rata for accepted performance.
  12. Varley v Whipp
    reaping machine, old and broken and mended; terms implied by legislation; sale of goods; duty to deliver goods as identified by description; entitled to reject, not obliged to pay.