Chapter 13 Open-ended questions

Write down your answers to the following questions and then check your responses against the answer guidance.

In brackets is the number of marks each answer is worth. There is a maximum of 19 points available.

  1. Distinguish strict contractual obligations and qualified contractual obligations and give an example of each. (4)
  1. What are the legal consequences of a breach of contract? (2)
  1. What constitutes a repudiatory breach of contract? (2)
  1. Is a term a condition where the parties classify it as such? (2)
  1. What is the significance of s.15A Sale of Goods Act 1979 (as inserted by the Sale and Supply of Goods Act 1994)? (2)
  1. What are the advantages and disadvantages of using the effects of the breach test to determine the right to terminate the contract? (3)
  1. What is the case authority for the fact that if the innocent party chooses to affirm the contract following an anticipatory repudiatory breach, it can continue to perform the contract and claim the contract price? (1)
  1. What are the limitations on the availability of the principle mentioned in question 7? (3)

Total available points: 19

Back to top