Professional Documents
Culture Documents
by
Breach
(J’00
Q4b)
-‐ Contracts
may
be
terminated
as
a
result
of
failure
of
the
promisor
to
fulfill
his
obligation
under
the
contract.
-‐ A
contract
must
be
performed
in
accordance
with
its
terms.
-‐ The
promisor
must
perform
or
tender
performance
of
his
promise.
-‐ Where
he
has
failed
to
do
so,
the
promisee
may
be
entitled
to
be
discharged
from
future
obligations
under
the
contract.
At the time when performance is due During performance of the contract Before the time for performance
-‐ Section
56
CA’50
-‐
the
contract
only
-‐ The
promisee
may
be
performing
the
-‐ The
promisor
may
indicate
to
the
becomes
voidable
at
the
option
of
promise
but
not
in
accordance
with
promisee
that
he
does
not
intend
to
the
promisee
if
time
was
of
the
the
terms
of
the
contract.
fulfill
his
obligations
under
the
essence
of
the
contract.
If
time
was
-‐ In
such
situations
the
innocent
party
contract.
not
of
essence,
the
promisee
would
is
only
entitled
to
treat
the
contract
-‐ This
is
called
anticipatory
breach.
only
be
entitled
to
compensation. as
discharged
if
the
breach
is
of
a
-‐ It
entitles
the
innocent
party
to
treat
vital
term
(i.e.
condition). the
contract
as
discharged
-‐ If
the
breach
is
trivial,
he
is
only
Section
40
CA’50
entitled
to
damages.
Choo
Yin
Loo
v
Visuvalingam
Pillay
contract
is
voidable
rescinds
it,
the
-‐ Section
51
SRA’50
-‐
to
continue
until
a
other
party
need
not
perform
any
specified
time
or
until
the
further
promise
made
by
him
under
the
order
of
the
court.
contract. -‐ a.k.a
interlocutory/interim
injunction.
-‐ The
party
rescinding
the
contract
-‐ Usually
granted
by
the
court
pending
must
restore
to
the
other
party
any
the
outcome
of
a
full
hearing
by
the
benefit
received
from
him.
court.
-‐ The
party
rightfully
rescinding
the
-‐ An
application
for
interlocutory
contract
is
entitled
to
compensation
injunction
would
normally
be
granted
for
any
damages
sustained
by
him
as
so
long
as
the
plaintiff
has
shown
a
result
of
the
breach
of
the
contract
that
there
is
a
serious
question
to
be
by
the
other
party. tried.
Hsu
Seng
v
Choi
Soi
Fua -‐ Purpose:
to
preserve
the
status
quo
of
the
parties
until
the
final
outcome
of
the
court
case.
Mohamed
Zainudin
bin
Puteh
v
Yap
Chee
Seng
2.Perpetual
Injunctions
-‐ Granted
by
the
court
at
the
end
of
the
hearing
and
upon
the
merits
of
the
suit.
-‐ The
defendant
is
thereby
perpetually
enjoined
from
the
assertion
of
a
right,
or
from
the
commission
of
an
act,
which
would
be
contrary
to
the
rights
of
the
plaintiff.
Neoh
Siew
Eng
&
ANor
v
Too
Chee
Kwong