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Study notes

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Notes on 58 of 84 objectives.

Business Law

13 mins read · 11 questions

Explain novation and its effect on the original parties.

13 mins read · 13 questions

Distinguish fundamental (repudiatory) breach from minor breach, and explain the innocent party's right to terminate or affirm.

13 mins read · 13 questions

Explain anticipatory breach (Hochster v De la Tour; White & Carter v McGregor) and the options open to the innocent party.

13 mins read · 14 questions

Explain the concept of frustration and its development from the rule of absolute contracts (Paradine v Jane) to Taylor v Caldwell.

12 mins read · 13 questions

Identify frustrating events (destruction of the subject matter, death or incapacity, supervening illegality, non-occurrence of the event on which the contract was based) and the limits of the doctrine.

14 mins read · 15 questions

Explain the common-law consequences of frustration and how the Contracts Act, 1960 (Act 25) modifies them.

15 mins read · 17 questions

Explain the purpose and measure of damages (expectation and reliance), remoteness (Hadley v Baxendale; Victoria Laundry v Newman), the duty to mitigate, and liquidated damages compared with penalties.

15 mins read · 8 questions

Calculate a simple award of damages from given facts, applying the expectation measure and the duty to mitigate.

14 mins read · 18 questions

Explain the equitable remedies of specific performance, injunction, rescission and rectification, and when courts grant them.

13 mins read · 13 questions

Explain quantum meruit and restitution (restoring the parties to their original positions).

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