Contract Law Revision Notes

When a repudiatory breach has been committed, the innocent party has the right of election to decide whether to accept or affirm the breach – Force India Formula One Team

A repudiatory breach is a fundamental breach of contract that occurs when one party to the contract commits a serious and substantial breach of their primary contractual obligations. This breach

A vitiating factor is an occurrence that taints the consent of the agreement to a contract which renders a contract voidable. If there is a vitiating factor, the contract will

In addition to the contractual remedies that a party can receive, equity can also intervene to provide further remedies in certain situations – Co-operative Insurance Society Ltd v Argyll Stores

The typical remedy for breach of contract is damages. This obligation to pay damages for breach of contract arises out of the contract itself as an implied secondary obligation implied

Anticipatory breaches are repudiatory breaches that occur before the time for performance. These occur where one party clearly and unequivocally communicates, either through their words or conduct, that they will

Primary obligations are the core promises that the parties agree to fulfil under the contract. These are the essential contractual terms that define the purpose and substance of the contract.

An exemption clause is a contractual clause which attempts to exclude or restrict a party’s liability. The clause aims to exclude liability for legal wrongs, such as breach of contract,

Where there is a radical change in circumstances by something unforeseen, unpreventable and unattributable to either party, the contract is automatically discharged for the future. Therefore, neither party will incur

Illegality is also a vitiating factor – David Taylor & Son v Barnett Trading Co [1953]. If it is incapable to complete the performance of the contract without an illegal

A misrepresentation is a false statement of fact made by or on behalf of one party to another that induces the party to enter into the contract – Derry v

If the contracting parties’ consent to the agreement was procured by duress to the person or economic duress, this can act as a vitiating factor which, if successfully proven, can