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Chapter

Cover Business Law Concentrate

5. Contract IV: discharge of contract and remedies for breach  

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for and how to achieve extra marks. This chapter focuses on contract law. It discusses the discharge of contracts and the remedies for breach of contract where one of the parties has failed in their contractual obligations. Contracts can be discharged through performance, agreement, frustration, or breach. In the event of frustration, the parties can establish their own remedies or they can rely on the provisions developed through the Law Reform (Frustrated Contracts) Act 1943. Remedies have been established through the common law and equity. Damages are the primary remedy in most cases, but equitable remedies include specific performance, injunctions, and rectification.

Chapter

Cover Introduction to Business Law

8. Discharge of Contract and Contractual Remedies  

The discharge of a contract means that the obligations of the contract come to an end. When discharge occurs, all duties which arose under the contract are terminated. This chapter discusses the various methods of discharging a contract and the consequences of each. It considers how a contract can be discharged through agreement between the parties; the elements necessary for a contract to be discharged by performance, including the rules relating to partial performance of a contract; and the meaning and effect of the frustration of a contract. The chapter discusses the meaning of breach of contract, both actual breach and anticipatory breach, and its consequences. The remedies for a breach of contract are explored, including the rules relating to remoteness and measure of damages and the difference between liquidated damages and penalties. Equitable remedies of specific performance and injunctions are explained.

Chapter

Cover Card & James' Business Law

11. Discharge of the contract  

This chapter examines the procedures and processes involved in the discharge of a contract. It describes the situations under which a contract will become discharged and discusses the four methods of discharge, namely discharge by performance, discharge by agreement, discharge by breach, and discharge by frustration. This chapter also explains that there are cases where a contract will be automatically discharged with no possibility of continuance (such as where the contract is discharged by frustration) and there are those where the actions of one party may result in the other party being entitled to terminate the contract (for example, breach of a condition) or may simply entitle him to recover damages only (for example, breach of a warranty).

Chapter

Cover Card & James' Business Law

17. Tortious defences and remedies  

This chapter examines the defences available to a defendant who has committed a tort, and the remedies that may be sought by a claimant in tort cases. Certain defences will provide a complete defence, such as consent and the voluntary assumption of risk, whereas others will merely serve to reduce the damages awarded (such as contributory negligence). Other defences discussed include exclusion of liability, statutory authority, and illegality. The rules relating to the limitation of actions are also discussed. The chapter then discusses the various remedies that may be awarded to a successful claimant, namely damages, injunctions, and self-help remedies.