Case Study On Breach Of Contract

The appellant company (Youyang) was trustee of a discretionary trust formed in 1974 for the Hayward family. Minter Ellison Morris Fletcher’s (Minters) had been acting for EC Consolidated Capital Limited (ECCCL) since July 1991, all work in connection with the drafting of the documents relating to the subscription for preference shares in ECCCL was dealt with by Minters. As part of the subscription agreement Youyang deposited $500,000 in Minters trust account. Minters was entitled to release a section of the fund from the trust account to ECCCL for the purchase of a bearer deposit certificate to be issued by Dresdner International Financial Markets (Australia) Ltd (DAL), which could then be traded on the money market. When the certificate was obtained Minters then had the right to release the remainder of the funds to ECCCL based on the subscription agreement.

1. Breach of an express warranty - An express warranty is a guarantee from the seller of a product that specifies the extent to which the quality or performance of the product is assured and states the conditions under which the product can be returned, replaced, or repaired. It is often given in the form of a specific, written "Warranty" document. However, a warranty may also arise by operation of law based upon the seller's description of the goods, and perhaps their source and quality, and any material deviation from that specification would violate the guarantee. For example, an advertisement describing a product is often full of express warranties; the product must substantially conform to what is advertised. Many advertisers insert disclaimers for this purpose (e.g., "actual color/mileage/results may vary", or "not shown actual size"). Commonly, written warranties will assure the buyer that an article is of good quality and against defects in "materials and workmanship." A warranty may also apply to services that

The principle of law is that for a valid contract to be formed there must be an agreement reached by both parties.

b. Under some circumstances, even if the time for performance of the contract has expired.

In the Jacob & Youngs, Incorporated vs. George E. Kent case, Jacob & Youngs, the plaintiff, claims that there was a breach of a clause in the contract with the defendant, George E. Kent. The clause stated that any work that is either defective or not in accordance with specifications will be

However, contracting parties can also treat breach as material when expressly provided, even if objectively– the effect of that breach is unimportant. This is interpreted in Wade v Waldon, where the Lord President sets the criteria for rescission as a matter about the terms of the contract– whether stipulations go “to the root of the contract”, than the breach itself (Wade v Waldon, 1909 ).

Misrepresentation: Misrepresentation is where there is a false statement in the contract which is made by one of the parties to the

Rule: To determine whether the additional terms become a part of the contract there must be a definite and seasonable expression of acceptance or a written confirmation which is sent within a reasonable time to operate as an acceptance even if it contains terms additional to or different from the offer, unless, the acceptance is expressly made conditional on assent to the additional terms or different

Material and immaterial breach both fall under breach of contract. Immaterial breach isn’t as serious where as material breach is deals with a more serious matter. One example I found is between a home owner and electrician. In this case the homeowner asked the electrician to use a type of yellow wire but instead the electrician

Where a contract calls for action that violates a statute, in a breach of contract case the court will:

A breach of contract means that one or more of the terms and obligations written in a deal has not been fulfilled. When one or more of the parties involved in the deal do not comply with the agreements in the contract, it is considered breach a contract. They have the rights to take legal action and claims for compensations or damages in a court. Breach of contract includes failing to perform as promised, making it impossible for the other party to perform as promised, or making it known there is an intention not to perform (When Can You Sue for Breach of Contract?,

A written document of a contract is very important as without it, it can become impractical to induce a court to differ the terms of a written agreement, especially the one which is signed bythe parties (Hare 2003). In this case also Carol has signed the document which stated that “ARBOS accepts no liability for the replacement or repair of damaged products. In all situations the customer must abide the cost of either replacing or repairing any faulty product and is bound by the terms of this contract for its full duration”. So, Carol cannot force ARBOS to replace or repair the laptop, had Carol not signed the documented something could have been done but in case Carol will have to get the laptop repaired by herself and is also bound by the

of an agreement, for a party that breaks a contract may be sued in court for the

that the document did not appear to be contractual. In D J Hill and Co

Law 1: Under common law, a party can agree to expressed terms within a contract that hasn’t been written and signed (eg agreement to Conditions of Carriage), so long as the party has had reasonable notice of the statement or is included in a document that is reasonable person might consider to be not a contractual