Other
breaches tutorial work
- Module
- Contract Law (LAW4104)
- Institution
- Queen Mary, University Of London (QMUL)
detailed, descriptive tutorial work to help improve grades and save time for law students
[Show more]
Connected book
Book Title:
Author(s):
- Edition:
- ISBN:
- Edition:
Content preview
1. In what circumstances will a party be held to have "affirmed" acontract? If the other party has breached the contract, yet the
innocent party still wishes to continue the contract – may receive
damages
if reject breach there is affirm, if accept breach there is
termination
To what extent is a party's election to terminate or to affirm constrained
by considerations such as the reasonableness of his decision or conduct?
not every breach will give rise to termination
need to have legitimate interests [has to go beyond contract
price] to affirm – cannot do so in all situations
with breach – from perspective from reasonable person from
objective pov to assess
when repudiatory breach – might be able to decide
[affirm/terminate]
only affirm under two conditions
one – have legitimate interest in affirming contract and
continuing
two – whether it is not dependent on other person’s performance
– whether performance depends on other person
when affirm contract – have to affirm whole contract
cannot affirm parts of contract because if do, then are varying
contract and in new contract which requires consideration
to affirm contract – have to be aware of right and that can active
the right
comes from creamman case [not be held to affirmation if didn’t
know that had right to terminate – court not make party stay in
contract if didn’t know that could affirm in]
affirmation on revocable when party breaches contract again
[new/continuing breach] can terminate and receive damages –
johnson v ag case
Is it possible clearly to distinguish affirmation from promissory estoppel?
affirmation from promissory estoppel = means not that
necessarily affirmed the contract, but estopped from denying that
affirmed the contract, prevented from saying that haven’t
affirmed the contract
post chaser
affirmation similar to promissory estoppel because both amount
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller gxorgiaa. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for £7.49. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
77254 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy revision notes and other study material for 14 years now