LW Global Chapter 7 Questions Rights and obligations of the buyer and the seller
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Hello .
I don’t understand the fifth question – Which of the following is not an available remedy .
Isn’t the first option to appeal to the court asking the court to instruct the breacher to fulfill the obligation, same as requiring proper performance ? also does resort to tribunal mean going to court ?
Thank you : )
In the situation of avoidance of a contract, it is as though the contract never existed. But the injured party can claim redress. What is NOT available to the injured party is looking to the Court to order specific performance.
Apart from any other consideration, an order of specific performance would only be granted in those exceptional circumstances where damages would not be an appropriate remedy and, in a situation such as avoidance of a contract, 999 times out of a thousand, damages would be sufficient.
OK?
Oh okay . So , if a contract is avoided, the injured party cannot appeal for specific performance … but can resort to tribunal to claim damages … Did i get it right ?
Well, yes. Except that an injured party cannot ‘ask for an equitable remedy’ Equitable remedies are awarded in the discretion of the Court. The Court would normally assess whether the claimant had a good case and then assess whether an award of damages would be sufficient to remedy the wrong.
But if, in the Court’s opinion, damages would not be a sufficient remedy, then the Court would start to consider equitable remedies
OK?
Yes . Understood & Thank you !
As always, you’re very welcome
I believe that the two types of breach are … anticipatory breach and breach during performance.
I don’t think that the term ‘actual breach’ is recognised in law
But it’s a strange question!
OK?
Hello. I am confused about 4th question. Is the statement “there are two types of breach — anticipatory breach and actual breach” false? But in Kaplan study text it is distinguished these two categories of breach of contract: “Types of breach. Actual breach is where the breach occurs on the due date for performance. Anticipatory breach occurs where, before the due date for performance, a party shows an intention not to perform his contractual obligations. It is referred to as renunciation.”
in the BPP it’s called fundamental breach, maybe that’s why it’s wrong..