W5 M4 - Contracts Quiz

Select all the ways a contract can be discharged by...

• Termination

• Performance

• Agreement

• Frustration

At common law, when is time deemed essential.

• Always

• When specified in the contract.

• Never, unless it is stated as being essential.

• Never

A contract in which your treat each part as a small contract is called what?

• Compartmentalised

• Seperateable

• Divisible

• Divided

Where complete performance is a condition precedent to payment of the contract price, this is called ____ performance.

Select all factors that are considered when assessing substantial performance.

• Nature of the defects

• How fully the contract was completed/performed

• Cost of rectifying the defect in reference to contract price

• Whether the plaintiff can recover damages.

Select all the times a right to terminate may arise under common law:

• Where there has been a breach of an essential term/condition

• Where there has been a serious breach of an intermediate term.

• Where the contract has been repudiated or renunciated.

• Where the contract has been frustrated

Which authority states that all breaches of a condition/essential term will give rise to a right to terminate?

• Schuler v Wickman Machine Tool Sales [1974] AC 235.

• Acros v Ronaasen [1933] AC 470

• Ronaasen v Across [1933[ AC 470

• DTR Nominees P/L v Mona Homes P/L (1978).

An intermediate term is ____ than an essential term.

According to HongKong Fir Shipping Co Ltd v Kawasaki Lisen Kaisha Ltd, when will a breach of an intermediate term justify termination?

• When damages are an adequate remedy.

• When the term is less than a warranty.

• It must deprive the innocent party of substantially the whole benefit which was intended.

• When there were grave foreseeable consequences of the term's breach.

Fill in the blanks: Courts prefer 'a construction that will ______ performance rather than _____ of contractual obligations' (Ankar v National Westminster Finance (1987)).

• Encourage; avoidance

• Avoidance; encourage.