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Breach Of Condition

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Breach Of Condition

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12 Pages Partial Study Notes > 2 Years old
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Breach Of Condition
Topics this document covers:
Contract law Law Private law Case law Contract L Schuler AG v Wickman Machine Tool Sales Ltd Breach Anticipatory repudiation Consideration Sale of Goods Act Hong Kong Fir Shipping Co Ltd v Kawasaki Kisen Kaisha Ltd Australian contract law
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Topics this document covers:
Contract law Law Private law Case law Contract L Schuler AG v Wickman Machine Tool Sales Ltd Breach Anticipatory repudiation Consideration Sale of Goods Act Hong Kong Fir Shipping Co Ltd v Kawasaki Kisen Kaisha Ltd Australian contract law
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Common law rules on termination most significant where contract does not expressly grant a party the right to terminate in repssonse to breaches of a contract and where aggrieved party is claiming loss of bargain damages. The rights to terminate conferred by the common law may be excluded where the express terms of the contract provide a comprehensive code governing termination (Amann Aviation, Dover Fisheries v Bottrill Research). However the mere presence of an express power to terminate will not generally be regarded as excluding the rights conferred by the common law. In many cases express contractual terms dealing with termination may be regarded as designed to augment rather than restrict common law rights (Concut v Worrell). As the court noted in Concut v Worrell, clear words are needed to rebut the presumpt...
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