Discuss the Terms and breach of contract

Discuss the Terms and breach of contract 150 150 Affordable Capstone Projects Written from Scratch

Jimmy Jeanz is a famous brand of jeans. It has a contract to supply a retailer, House of Jeans, with stock of its jeans. In a sale of goods contract of this type, the jeans must be of satisfactory quality (SGA 1979, s. 14(2)). Which one of the following statements is acorrect application of this provision?

Question 2

Where a statement made by one party before the conclusion of the contract is found to be untrue, the innocent party’s remedies may vary according to whether the statement is characterized as a term or a representation. If the statement is characterized as a term, which one of the following assertions relating to the innocent party’s remedies is true?

Question 3

Which of the following approaches might be applied by the courts post Marks & Spencer plc v BNP Paribas Securities Services Trust Co. (Jersey) Ltd [2015] UKSC 72, [2016] AC 742 in connection with the implication of a term in fact into a contract? [Please select allthat apply.]

Question 4

A, the owner of a large chain of off-licences, wishes to purchase 100,000 bottles of Liebzig white wine from B, a wine wholesaler. A states his particular wish to purchase wine of a 2007 vintage because this appears to offer the best mix of quality and value. In B’s opinion, the wine is of the correct vintage but, as there are no labels on the bottles, he advises A to verify this fact independently. A purchases the wine but subsequently discovers that the wine was produced in 2009, an inferior vintage. A and B cannot agree whether the vintage of the wine was a term of the contract. Which one of the following statements probably summarises the legal position between the parties?

Question 5

The distinction between strict and qualified contractual obligations is that the former is an obligation to achieve a guaranteed result, while the latter is an obligation to exercise reasonable care and skill.

Question 6

A breach of contract occurs when the time for performing a duty under the contract arrives and that duty is not performed. Which one of the following statements correctly describes the legal consequence of a breach of contract?

Question 7

Which one of the following statements most accurately describes the legal effects of a repudiatory breach by one of the parties to the contract?

Question 8

Which one of the following statements most accurately summarises the decision in L Schuler A-G v Wickman Machine Tools Sales Ltd [1974] AC 235?

Question 9

On 1 June, A contracts to sell a quantity of goods to B to be delivered by 1 July. On 15 June, as A is still making arrangements for the shipment of the goods, he receives a fax message from B stating that the goods are no longer wanted. Which one of the following statements concerning A’s rights is true?

Question 10

A Ltd enters a contract with B Ltd, under which B Ltd is to develop a software product specifically tailored for A Ltd for a fixed price. Before B Ltd starts the development or incurs any expense under the contract, A Ltd cancels the contract, alleging a fundamental change of its business strategy. B Ltd ignores A Ltd’s cancellation and continues to complete the development of the software. Supposing the performance of the contract will not enhance B Ltd’s reputation, which of the following statements most accuratelysummarise the legal position between the parties? [Please select all that apply.]


 

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