Provided a party to a contract substantially performs their contractual obligations, that is a sufficient discharge of the contract and the other party has no redress for those parts of the contract which were not performed.

When a contract is discharged by frustration:

Will the provisions of the Law Reform (Frustrated Contracts) Act 1943 override any express contractual terms which cover the event that has occurred?

When a contract is discharged by frustration. If a party has received some valuable benefit (other than money) under a contract before it is frustrated, can they be required to pay a sum in respect of that benefit to the other party?

Where a party is in breach of contract, the other party may choose either to treat the contract as discharged (and sue for damages) or to affirm the contract.

Where a party causes an anticipatory breach of a contract, ie, they indicate in advance that they have no intention of performing the contract, the other party may continue to incur costs in performing the contract and take action against the party in breach.

With regard to damages for breach of contract:

Are damages recoverable for financial loss only?

With regard to damages for breach of contract:

Is the burden of proof on the claimant to show that they took reasonable steps to mitigate their loss?

Crunch Ltd agreed to sell its factory to Cool Cookies Ltd for £590,000 but after contracts were exchanged, the market value increased considerably and Crunch Ltd sold the factory to Krisp plc for £700,000. There was no other available property that was comparable.

What is the normal remedy that is awarded by the court in the event of a breach of contract for the sale of property?

As a general rule, will an exclusion clause be incorporated into an unsigned contract, even if the other party has not read the clause, when the party seeking to rely on the clause has given reasonable notice of its existence before the contract is made?

As a general rule, will an exclusion clause be incorporated into a signed document, that the other party has not even read?

The courts will interpret any ambiguity in an exclusion clause in favour of the party not seeking to rely on it.

The Unfair Contract Terms Act (UCTA) 1977 applies to all contracts, provided at least one party is a commercial concern or business.

In a claim for contractual damages, if the defendant can show that the claimant caused the loss, the 'chain of causation' will be said to have been broken and the defendant will not be liable.

A claim for damages based on wasted expenditure is nonetheless subject to the general rule that damages should not put the claimant in a better position than they would have been in if the contract had been performed.