A more recent version of these Breach Of Contract Exclusion Of Liability I notes – written by Cambridge And Oxilp And College Of Law students – is available here.
The following is a more accessble plain text extract of the PDF sample above, taken from our International Commercial Law Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:
ICL Work Shop 2
Breach of Contract + Exclusion of Liability (1): Claimant's cause of action Step 1 Relevant Terms in the Contract Say there is a contract between S & B to____. Include all info relating to performance of the contract. (Mind ST&C being exchanged as this will change offer and acceptance order.)
? Implied: s. 10 Time is not of the essence (Unless delivery date expressly stated (Hartley v Hymans)) s.12 to pass good title s.13 description s.14(2) Satisfactory quality
s.29 S to deliver the goods s.27 B to accept Delivery &
Pay s.30 Delivery of wrong quantity s.14(3) Fitness for purpose s.15 Sample
Step 2 Are the terms incorporated? Either by:P.82 ?Signature (say: incorporation happened when contract was Notice signed/because of notice/previous course of dealings &
Previous Course of dealings therefore the terms have been property incorporated)
Step 3 Identify the Breach of Contract + Remedy Say which relevant terms of the contract and how they have been breached and remedy:
? Breach of Condition: Repudiate Cont + Recover Price + Damages (Hadley v Baxendale)
? Breach of Warranty : Damages but NO right to repudiate Contract
? What does the Client actually want?
Breach - Damages may be awarded + interests under: Law Reform Act + Late Payment of Commercial Debts Act + Late Payment of Commercial Debts Regulations. (S wants own i rate to avoid having to rely on these)(incentivise B to pay quickly by giving an early payment discount)If breach of an express term, say that it goes to the heart of the contract, so will be a condition. Therefore, can (e.g. reject the goods) terminate the contract and seek damages.
(2): Defence Has liability been excluded?
Step 4 Slight Breach + Acceptance:s.15A = B's right to reject is lost where the sale is not a consumer sale and the breach is so light that it would be
Buy the full version of these notes or essay plans and more in our International Commercial Law Notes.