Discharge of Contracts- Breach

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4 Terms

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Breach

Total or partial failure in performing contract obligations

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Actual Breach

  • The non- completion or poor performance occurs at the time of the expected performance. (Poussard v Spiers).

  • None performance- this is when the contract is not performed as specified in the contract. (Pilbrow v Pearless)

  • Improper performance- this is where the contract is badly performed, although it has been completed in some way. (Bunge v Tradax Export)/

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Remedies for an actual breach

  • Damages

  • Repudiation

  • Affirm the contract (Geys v Sociate Generale London Branch)

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Anticipatory Breach

Occurs when a party informs the other party of the contract, before the expected performance, that they will not be performing/ completing the contract.

  • It must be clear that the party is not going to hold up their end of the contract (Hochster v De La Lour).

  • You can have an anticipatory breach through, words/ actions/ behaviour (SK Shipping v Petroexport