Breach of Contract in UK Law

Leading Cases
  • 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.

  • 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.

  • 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.

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

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

    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
    • 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 ... ...
  • Unfair Contract Terms Act 1977
    • UK Non-devolved
    • January 01, 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 ... ...
  • Renting Homes (Wales) Act 2016
    • Wales
    • 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 ... ...
  • Sale of Goods Act 1893
    • UK Non-devolved
    • 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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