What is learning outcome 2?

What are the four ways in which a contract can be discharged?

What is the general rule on performance of a contract?

When can a party to a severable contract who has not complete the whole contract claim payment?

Is the doctrine of substantial performance a common law or an equitable doctrine?

Describe the facts and the decision in the case of Charles Rickards Ltd Oppenheim.

Distinguish between a condition precedent and a condition subsequent.

Will a breach of warranty ever entitle the innocent part to 'accept' the breach and end the contract?

Define frustration of contract

What was decided in the case of Krell v Henry?

What is the position of a party who has incurred expenses under a frustrated contract?

What is the purpose of damages?

Where a contract provides a clause which is a genuine attempt at estimating the loss what is this clause known as?

What is the name of the case which set out the guidelines for making the distinction between a liquidated damages clause and a penalty clause?

Is damages a common law or equitable remedy?

State the rule in Hadley v Baxendale

Identify the two branches of the rule in Hadley v Baxendale

If a person cannot show actual loss as a result of a breach of contract what sort of damages will the court award?

What equitable remedy will order the defendant to carry out the terms of the contract?

Why will specific performance not be given in the case of contract of employment?

In what circumstances may a remedy based on quantum meruit be awarded?

What is meant by a) repudiation and b) affirmation of a contract?

What is meant by a step-in clause?

When is a seller deemed to be an unpaid seller?

List the possible remedies of an unpaid seller

In what circumstances does a seller lose his right of lien?

When does a seller have a right of reselling the goods?

Explain he facts and decision in the Romalpa case

In what circumstances will retention of title clause be effective?

When might a buyer be given remedy of specific performance?

What is lien?

Why is it important not to ignore minor contractual problems?

Distinguish between distributive and integrative approaches to negotiation

Describe the general disadvantages of litigation

What is the principle of party autonomy?

In what circumstances may an arbitrator lose his immunity from being sued?

State the advantages of arbitration over litigation.

Which dispute resolution process is regulated by Housing, Grants, Construction and Regeneration Act 1996?

Describe the process of conciliation

List ways in which lawyers can assist in resolving contractual disputes.