3. Questions breach prevention and repudiation.docx

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QUESTIONS ON PREVENTION OF PERFORMANCE AND REPUDIATION TO PREPARE AHEAD OF LECTURES Note that these questions do not fully cover the relevant examinable rules and principles. More information may be supplied during lectures and the textbook also contains more information. These questions are for self-study, but the rules and principles that they cover are examinable. If you are unsure of your answer, it is up to you to raise it during lectures. Some of the rules and principles will be discussed in class. The questions cover rules and principles that can be answered from the textbook and prescribed cases (Tuckers v Hovis; Datacolor v Intamarket; Culverwell v Brown) PREVENTION OF PERFORMANCE 1. Define prevention of performance and give an example of this type of breach 2. Is it a requirement for prevention of performance that performance be objectively impossible? Explain your answer with an example. 3. Must the date stipulated in the contract for performance first have arrived before a party can commit prevention of performance? 4. Can you think of an example where a failure to do something (omission) can amount to prevention of performance?
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