|
|
|
Scope of CCLA.pdf
Scope_of_CCLA.pdf
Showing 5-6 out of 15
Scope of CCLA.pdf-Scope of CCLA Exclusion of Sale
Scope_of_CCLA.pdf-Scope of CCLA Exclusion of Sale
Scope of CCLA.pdf-Scope of CCLA Exc...
Scope_of_CCLA.pdf-Scope of CCLA Exclusion of Sale
Page 5
COURT
●
This was an
impliedly essential term
●
No matter how trivial, time of the essence clauses
are conditional in mercantile contracts
●
This is for commercial certainty
NB:
Rejection of HK Fir test for essential terms (
does the
breach substantially deprive the promisee of the whole
benefit of the contract?),
whether a term is essential or not
is a matter of construction.
By Notice
A notice of the innocent party making time of the essence
●
Performing in a reasonable time always essential,
but unclear what reasonable is
●
A party subject to unreasonable delay can issue a
notice making time of the essence, evidence P
thought that time frame reasonableness was
breached
●
Notification clarifies ambiguity to what time is
reasonable, so its breach repudiates
Macindoe v Mainzeal Group
FACTS
●
Sale of building - $1.3mil + GST to be paid in
installments
●
Buyer failed to make payments on time
●
Vendor responded with a notice requiring payment
and the time which they were due
COURT
●
Breach was substantial - each installment was large
and comprised a significant part of the purchase
price and so repudiation accepted
●
The test is objective - essentially a matter of fact,
degree and impression
Page 6
RELEVANT SECTIONS
●
s 36
●
s 38
●
s 41
●
s 42
A serious matter not likely to be inferred - a refusal to the essential promises
REPUDIATION
Anticipatory Repudiation
●
Can act as the waiver of the condition precedent and release the other party from
further performance of their obligations under the contract
●
When one party communicate their intention not to perform the contract on due date -
the innocent party does not have to wait until the breach to bring their claim
Cort v The Ambergate Railway
FACTS
●
D contracted for the supply of iron chairs for the railway company
●
After receiving some of the chairs, they told P that they would not accept any more or
pay for any more
Issue:
Renunciation of obligations prior to the date of performance - if the seller acted on this,
could they sue the buyer for actual breach on the day of performance (the breach being not
accepting the chairs)?
●
If they can sue, what do they need to show?
COURT
●
Sellers must show that they were ready and willing to perform up until the time of
repudiation.
●
P does not have to show ready and willingness by producing the rest of the chairs that
would incur expenditure and which they knew the buyer would not accept.
○
Waste of resources
○
Non-completion not P’s fault
○
They would’ve performed but for the repudiation
Damages:
price agreed - mitigation costs (ie. reselling on market, savings by not producing all
the other chairs)
Hochster v De La Tour
FACTS
●
Employer makes agreement with P (courier) in April for a 3 month engagement to start
on June 1st
●
Courier to be paid $10/month
●
11th May → employer repudiates and P accepts
●
Issues writ on 22nd May
Ace your assessments! Get Better Grades
Browse thousands of Study Materials & Solutions from your Favorite Schools
Vanderbilt University
Vanderbilt_University
School:
Law_of_Contract
Course:
Great resource for chem class. Had all the past labs and assignments
Leland P.
Santa Clara University
Introducing Study Plan
Using AI Tools to Help you understand and remember your course concepts better and faster than any other resource.
Find the best videos to learn every concept in that course from Youtube and Tiktok without searching.
Save All Relavent Videos & Materials and access anytime and anywhere
Prepare Smart and Guarantee better grades
Know more
Students also viewed documents
lab 18.docx
lab_18.docx
Course
Course
3
Module5QuizSTA2023.d...
Module5QuizSTA2023.docx.docx
Course
Course
10
Week 7 Test Math302....
Week_7_Test_Math302.docx.docx
Course
Course
30
Chapter 1 Assigment ...
Chapter_1_Assigment_Questions.docx.docx
Course
Course
5
Week 4 tests.docx.do...
Week_4_tests.docx.docx
Course
Course
23
Week 6 tests.docx.do...
Week_6_tests.docx.docx
Course
Course
106
