Essays on Anticipatory Breach

Business and Law

BUSINESS AND LAW Introduction The breaching of contracts and denial of human rights have risen over the past few years due to the lack of enough knowledge. The paper covers several cases whose judgment is based on the Australian common law and consumer acts in the IRAC format

Question 1

Issue: Does Brenda have an action against Steven for the breach of contract? Rule: According to the Australian contract law, an anticipatory breach of contract can occur from time to time. An anticipatory breach of contract refers to where one party informs the other that they will not deliver what was ...

Section

The Bidding Charterparty invited tenders for the construction of a new cruise-liner, to be called the Ocean Carpathia. Donelly was invited to tender. However, the person responsible for receiving tenders left work early.

ISSUE: WON Donelly Brothers can compel recognition of its bid? HELD: Yes

DISCUSSION: Similar to the case of Blackpool v Blackpool, it is the duty of the entity requesting for bids to inspect all those which have been submitted. In the case at bar, MC Donelly was actually able to submit its bid on time. It is not the fault of the bidder that their documents were not received in time, as it was the responsibility of the ...

Define “contract” and briefly describe the four essential elements necessary for a valid contract to be executed.

A contract is an agreement between two or more parties that is enforceable in court. The four essential elements of a valid contract are capacities of the party involved, mutual agreement or assent, consideration and legality of subject matter.

Identify and describe the various ways that a contract can be classified.

Contracts can be classified broadly into three categories- 1) By type of formation, 2) By type of performance and 3) By enforceability. What is meant by a “mistake” within the context of a legal contract? Describe the different types of mistakes that exist. How do each of these types of “mistakes” impact the enforceability of the contract? In the process ...