Subject Matter Index

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Consequences of a breach of contract

Effect of failure to repudiate a contract breached

Effect of failure to specifically plead and prove an alleged breach of contract

How to determine whether a breach in a contract is fundamental

Meaning and effect of a breach of contract

Nature of breach which goes to the root of the contract

Option open to an aggrieved person where there has been a breach of a material term of the contract

Option open to a party in the event of a breach of contract

Options open to the innocent party in the event of a breach of contract

Options open to the innocent party where the other party commits a breach of a fundamental term

Questions for determining whether a breach of contract has occurred

Remedies for breach of contract

Right of an innocent party to rescind a contract in the event of a breach

The principle that a party cannot be allowed to benefit from a contract he breached

The rule that a breach of contract presupposes the existence of a contract

The rule that when there is a breach of contract, the party not at fault is expected to be placed as close as possible to the position he would have been had the contract been performed

What a breach of contract connotes

What a fundamental breach of contract connotes

What must be established in an action for breach of contract in which a claim for specific performance is made

What the plaintiff must establish in an action for breach of contract

When a breach of contract will be said to have been committed

When a party will be liable for breach of contract

When a third party will be held liable for inducing and procuring a breach of contract between the contracting parties

When will a breach of contract involving payment by instalment give rise to a cause of action

Whether a claim for damages for breach of contract can be made together with a claim for specific performance of the contract

Whether an action for debt detracts from the fact that it arose from a breach of contract

Whether a party can engage in self help when confronted with a breach of contract

Whether a party can sue for specific performance and damages for breach of contract at the same time

Whether a party can sue for the breach of a non-existent contract

Whether a party can treat a contract as rescinded and insist on specific performance at the same time

Whether a party to a contract can take advantage of his wrong by claiming damages in respect of a breach condoned and waived

Whether a party who alleges breach of contract for the wrong reason or for no reason at all may justify his action

Whether a party who has performed the contract in consonance with its terms can be said to be in breach thereof

Whether a remedy for breach of contract is not available to either party to the contract unless it is expressly provided for in the contract

Whether failure to pay purchase price up to date amounts to a breach of a fundamental term of a contract

Whether money paid under a contract is recoverable in the event of a breach

Whether parties to a contract can waive breaches of terms of the contract

Whether the consequence of a fundamental breach is a cancellation of obligations that accrued before the breach

Whether the innocent party is entitled to damages for breach of contract

Whether the remedy for a breach of contract is indemnity

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