Breach of Contract in UK Law
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Lewis v Motorworld Garages Ltd
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(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?
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Meikle v Nottinghamshire County Council
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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.
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Omilaju v Waltham Forest London Borough Council
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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.
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Suisse Atlantique Société d'Armement Maritime S.A. v N.v Rotterdamsche Kolen Centrale (Silvretta.)
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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.
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Banco De Portugal v Waterlow and Sons, Ltd (Rrspondents)
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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.
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Federal Commerce & Navigation Company Ltd v Molena Alpha Inc. (Benfri, Lorfri, Nanfri)
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The difference in expression between these two last formulations does not, in my opinion, reflect a divergence of principle, but arises from and is related to the particular contract under consideration: they represent, in other words, applications to different contracts, of the common principle that, to amount to repudiation a breach must go to the root of the contract.
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Moschi v Lep Services Ltd; Lep Air Services Ltd v Rolloswin Investments Ltd
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Then if at any time and for any reason the principal debtor acts or fails to act as required by his contract, he not only breaks his own contract but he also puts the guarantor in breach of his contract of guarantee. Then the creditor can sue the guarantor, not for the unpaid instalment but for damages.
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Common Law Procedure Act 1854
... ... LXXIX Claim of Writ of Injunction ... LXXIX. In all Cases of Breach of Contract or other Injury, where the Party injured is entitled to ... ...
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Sale of Goods Act 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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Unfair Contract Terms Act 1977
... ... c.50An 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, of for negligence or other breach of duty, can be avoided by means of contract terms and otherwise, and under the law of Scotland civil ... ...
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Renting Homes (Wales) Act 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 ... ...
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Better than Fuller: A Two Interests Model of Remedies for Breach of Contract
The attempt to combine the contractual interests properly so‐called with the restitution interest in the Fuller and Purdue three interests model of remedies for breach of contract is ineradicably i...
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Deliberate Breach of Contract and Consequences for Remedies: Exploration of a Neglected Area in the Law of Contract
This contribution argues that motive matters in cases of breach of contract. More specifically, deliberateness of breach of contract matters in the application of remedies for breach of contract. T...
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The Assessment of Gain‐Based Damages for Breach of Contract
This article argues that there are two different measures of gain‐based damages for breach of contract: the Wrotham Park measure and the Blake measure. The former is assessed by reference to the ob...
- Breach of contract and termination
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Employee Resignation in Breach of Contract
Mr Rodgers worked as a broker for Sunrise Brokers LLP (Sunrise). He was subject to a 12-month notice period and enforceable post-termination non-compete restrictions. In March 2014, he accepted a...
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Procuring a breach of contract - loss of chance damages
Anthony McGill v The Sports and Entertainment Media Group & ors [2016] EWCA Civ 1063, 4 November 2016 - The Court of Appeal has held that a football agent could recover damages on a loss of ch...
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Employee Permitted To Proceed With Breach Of Contract Action Involving Stock Options
Alexander v. Codemasters Group Ltd., 104 Cal. App. 4th 129 (2002) Craig Alexander alleged breach of contract against Codemasters (a United Kingdom-based computer game company) for its failure to pr...
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Suspension of an Employee Was a Fundamental Breach of Contract
In Agoreyo v London Borough of Lambeth [2017] EWHC 2019 (QB), the High Court considered whether the suspension of an employee amounted to a fundamental breach of contract on the part of her employe...
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Application for directions (Part 29)
King's Bench forms for use in cases such as personal injury, negligence and breach of contract.
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Application for appointment of a receiver (sched. 1- RSC O.51 r.3)
King's Bench forms for use in cases such as personal injury, negligence and breach of contract.
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Claim to grant bail (criminal proceedings) (sched.1- RSC O.79 r.9(1))
King's Bench forms for use in cases such as personal injury, negligence and breach of contract.
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Application for time (rule 3.1(2)(a)) (other than an application to extend time for service of a claim form)
King's Bench forms for use in cases such as personal injury, negligence and breach of contract.