Breach of Contract in UK Law

Leading Cases
  • Lewis v Motorworld Garages Ltd
    • Court of Appeal (Civil Division)
    • 01 Aug 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 Jul 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.

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

    A final straw, not itself a breach of contract, may result in a breach of the implied term of trust and confidence. The quality that the final straw must have is that it should be an act in a series whose cumulative effect is to amount to a breach of the implied term. I do not use the phrase "an act in a series" in a precise or technical sense. The act does not have to be of the same character as the earlier acts.

  • Suisse Atlantique Société d'Armement Maritime S.A. v N.v Rotterdamsche Kolen Centrale (Silvretta.)
    • House of Lords
    • 31 Mar 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 Apr 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 Apr 1972

    On the other hand, the guarantor's obligation might be of a different kind. He might undertake that the principal debtor will carry out his contract. 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.

  • Federal Commerce & Navigation Company Ltd v Molena Alpha Inc. (Benfri, Lorfri, Nanfri)
    • House of Lords
    • 23 Nov 1978

    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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Legislation
  • Consumer Rights Act 2015
    • England & Wales
    • January 01, 2015
    ...... 1 . Consumer contracts for goods, digital content and services PART 1 . Consumer contracts for ... (9) See section 19 for a consumer's rights if the trader is in breach of a term that this section requires to be treated as included in a ......
  • Unfair Contract Terms Act 1977
    • UK Non-devolved
    • 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 ......
  • Sale of Goods Act 1979
    • UK Non-devolved
    • January 01, 1979
    ...... I . Contracts to Which Act Applies Part I . Contracts to Which Act Applies . S-1 . ...may elect to treat the breach of the condition as a breach of. warranty and not as a ground for treating ......
  • Common Law Procedure Act 1854
    • UK Non-devolved
    • January 01, 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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Books & Journal Articles
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Law Firm Commentaries
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