Breach of Contract in UK Law
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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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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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Imageview Management Ltd v Jack
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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.
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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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Moschi v Lep Services Ltd; Lep Air Services Ltd v Rolloswin Investments Ltd
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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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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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Unfair Contract Terms Act 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
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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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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...
- Breach Of Contract
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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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List of exhibits handed in at trial (PD39A paragraph 7)
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.