Contract Law

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  1. Co-operative Insurance Society Ltd v Argyll Stores (Holdings) Ltd
    35-year lease for supermarket in shopping centre, but supermarket closed early - SP not granted, because difficult to formulate order with sufficient precision to avoid wasteful litigation concerning compliance, and effects of order might be to carry on an economic business: loss might be out of proportion to the loss suffered by plaintiff
  2. Principle of Substantial Performance
    • Cutter v Powell (1795): Cutter contracted to be paid after reaching England from Jamaica - but died before - no payment
    • Sumpter v Hedges (1898): Sumpter stopped building a house mid-way, Hedges completed the half-built-structures using materials left behind: Sumpter recovered costs of materials but not costs of his work
  3. Repudiatory Breach
    • One party refuses to continue performing or committs an act which prevents further performance. Depends on:
    • 1) Standard of performance to be met (strict liability or reasonable care and skill)
    • 2) Type of term breached (only conditions or sufficiently important intermediate/innominate term, not warranties)
  4. Standard of performance
    • 1) Strict Liability: Arcos v Ronaasen (1933)(barrel staves must be 8/16th of an inch, does not matter if party took reasonable care or is at fault), Union Eagle Ltd. v Golden Achievement Ltd. time is of the essence, being 10 minutes late in paying money may rescind agreement - ss. 13-15 Sales of Goods Act 1979 impose strict obligations on sellers of goods
    • 2) Reasonable Care and Skill - s.13 Sales of Goods Act 1979 on suppliers of services
  5. Breach does not automatically terminate contract / Innocent party must communicate election to terminate contract
    Decro-Wall SA v Practitioners in Marketing Ltd. (1971) / Vitol SA v Norelf Ltd (1996)
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Contract Law
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