Breach of Contract in UK Law

Leading Cases
  • Omilaju v Waltham Forest London Borough Council
    • Court of Appeal (Civil Division)
    • 11 November 2004

    The act does not have to be of the same character as the earlier acts. Its essential quality is that, when taken in conjunction with the earlier acts on which the employee relies, it amounts to a breach of the implied term of trust and confidence. It must contribute something to that breach, although what it adds may be relatively insignificant.

  • Lewis v Motorworld Garages Ltd
    • Court of Appeal (Civil Division)
    • 01 August 1985

    (c) The breach of this implied obligation of trust and confidence may consist of a series of actions on the part of the employer which cumulatively amount to a breach of the term, though each individual incident may not do so. In particular in such a case the last action of the employer which leads to the employee leaving need not itself be a breach of contract; the question is, does the cumulative series of acts taken together amount to a breach of the implied term?

  • Meikle v Nottinghamshire County Council
    • Court of Appeal (Civil Division)
    • 08 July 2004

    It must be in response to the repudiation, but the fact that the employee also objected to the other actions or inactions of the employer, not amounting to a breach of contract, would not vitiate the acceptance of the repudiation. It follows that, in the present case, it was enough that the employee resigned in response, at least in part, to fundamental breaches of contract by NCC.

  • Imageview Management Ltd v Jack
    • Court of Appeal (Civil Division)
    • 13 February 2009

    I accept Mr Lopian's submission that there can be cases of harmless collaterality. And that there can be cases where there is just an honest breach of contract such as Keppel. This is a case of a secret profit obtained because Mr Berry/Imageview was Mr Jack's agent. And there was a breach of a fiduciary duty because of a real conflict of interest. Once a conflict of interest is shown, as Atkin LJ said in the last passage quoted, the right to remuneration goes.

  • Suisse Atlantique Société d'Armement Maritime S.A. v N.v Rotterdamsche Kolen Centrale (Silvretta.)
    • House of Lords
    • 31 March 1966

    One may safely say that the parties cannot, in a contract, have contemplated that the clause should have so wide an ambit as in effect to deprive one party's stipulations of all contractual force: to do so would be to reduce the contract to a mere declaration of intent. To this extent it may be correct to say that there is a rule of law against the application of an exceptions clause to a particular type of breach.

  • Banco De Portugal v Waterlow and Sons, Ltd (Rrspondents)
    • House of Lords
    • 28 April 1932

    The law is satisfied if the party placed in a difficult situation by reason of the breach of a duty owed to him has acted reasonably in the adoption of remedial measures and he will not be held disentitled to recover the cost of such measures merely because the party in breach can suggest that other measures less burdensome to him might have been taken.

  • Moschi v Lep Services Ltd; Lep Air Services Ltd v Rolloswin Investments Ltd
    • House of Lords
    • 26 April 1972

    Then the creditor can sue the guarantor, not for the unpaid instalment but for damages. His contract being that the principal debtor would carry out the principal contract, the damages payable by the guarantor must then be the loss suffered by the creditor due to the principal debtor having failed to do what the guarantor undertook that he would do.

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Legislation
  • Renting Homes (Wales) Act 2016
    • Wales
    • Friday January 01, 2016
    ... ... dwelling as a home, including provision establishing two kinds of contract for the purpose of renting homes; and for connected purposes ... [18 ... (l) section 177 (breach of deposit requirements: periodic standard contracts), ... (m) section ... ...
  • Unfair Contract Terms Act 1977
    • UK Non-devolved
    • Saturday January 01, 1977
    ... ... An Act to impose further limits on the extent to which under the law of England and Wales and Northern Ireland civil liability for breach of contract, or for negligence or other breach of duty, can be avoided by means of contract terms and otherwise, and under the law of Scotland civil ... ...
  • Common Law Procedure Act 1854
    • UK Non-devolved
    • Sunday January 01, 1854
  • Sale of Goods Act 1893
    • UK Non-devolved
    • Sunday January 01, 1893
    ... ... Formation of the Contract. PART I ... Formation of the Contract ... Contract of Sale ... may elect to treat the breach of such condition as a breach ... of warranty, and not as a ground for ... ...
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Books & Journal Articles
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Law Firm Commentaries
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Forms
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