TOPICS

Contract, performance, interpretation of terms

Interpreting the terms of a contract; 8.2.

The ordinary and natural meaning of words; 8.2.2.

An objective test of intention; 8.2.3.

Taking account of commercial realism; 8.2.4.

The relevance of post-contractual conduct; 8.2.5.

Terms that exclude or limit liability; 8.2.6.

Contract, performance, discharge by performance

The importance of performance; 8.1.1.

The effect of performance on contractual obligations; 8.3.1.

Specific performance; 8.3.2.

Performance of reciprocal obligations; 8.3.4.

Performance of divisible contracts; 8.3.5.

Contract, breach, establishing a breach

Different ways in which a breach of contract can occur; 8.4.1.

Non-performance; 8.4.2.

Partial performance; 8..3.

Substantial performance; 8.4.4.

Hidden defects; 8.4.5.

Late performance; 8.4.6.

Anticipatory breach; 8.4.7.

The plaintiff’s choices following an anticipatory breach; 8.4.8.

The risk of relying on anticipatory breach; 8.4.9.

The effect of a breach on contractual obligations; 8.4.10.

Contract, breach, assessing the seriousness of a breach

Alternative approaches to assessing the importance of terms; 8.5.1.

Conditions; 8.5.2.

Warranties; 8.5.3.

Innominate (unnamed) terms; 8.5.4.

Contract, performance, risk

Dealing with changed circumstances; 8.6.1.

Risk in goods bought and sold; 8.6.2.

Contract, performance, frustration

Frustration of a contract; 8.6.3.

Deliberate acts that cause frustration; 8.6.4.

Taking the risk of changed circumstances; 8.6.5.

Frustration after part performance; 8.6.6.