You are on page 1of 2

1 – Which of the following sentences are correct or wrong.

a)     A person who performs a contract in accordance with its terms is


discharged from any further

 
obligations.            _______True____________
b)    If a bilateral agreement discharged, only one party has rights to
surrender.                                                       
____False________________
c)     The plaintiff is the person who makes an application in court against
the other party.                                                    
_______True_____________
d)    When a country does not perform in the fixed date they have agreed,
it can result in a breach of contract. 
_____True_______________
2 – John Smith, Irish, is a good singer and was selected to perform in Spain
representing his club. However, he was called up for military service 2 days
before his performance in Spain.
a) What type of discharge of contract is the case related for? Do a brief
definition of it.
It is a frustration of contract. The frustration of contract is when the
contract has been terminated, because of unforeseen circumstances

b) What are the other forms of discharge of contract?


Discharge by performance – is when parties fulfill all obligations that are
related to the contract. (e.g. by time, amount of goods or services provided)
Breach of contract – is when one or another party totally or partly fails to
fulfill its obligations under the contract

 3 – JUMBO in Netherlands made a contract FARMS UNITED in United


Kingdom. Farms United will deliver to Jumbo 10 000 eggs of class A of a
specific price that was agreed between parties. This quantity of eggs will arrive
7 November 2019 in the morning.
                                   NOW, IMAGINE:
a)     Farms United finished all the eggs class A in stock and sent eggs class
B at the same price.
-         Is it a reason for a breach of contract? If it is what is the remedied
for the breach of contract?
There can be a breach of contract (Actual Breach), because one
party hasn’t fulfilled its obligations under the contract and even did
not tell to the other party that they have such issues and sent
them(eggs) to them. Furthermore, eggs class A mean that they are
high quality and thus the price is attached to their value, but Farms
United sent them eggs class B, which have less value and thus
should have a lower price. So, there is a possibility for a breach and
also, this can be illegal, because they sold them the wrong item at
the price of another item, which can be seen as unlawful.

b)    Eggs class B will arrive 6 November 2019 at 2 0’clock in the


afternoon. 
-         Is its reasonable JUMBO asks for a compensation to farms United?

It is not reasonable for JUMBO to ask for a compensation, because it


was assumed that the eggs will arrive no later than the 7th on November, but
it doesn’t say anything about having eggs earlier than 7th of November.

You might also like