As he hadn’t received
Not having received
Having not received
He hadn’t received
第1题：
In January 2008 Arti entered in a contractual agreement with Bee Ltd to write a study manual for an international accountancy body’s award. The manual was to cover the period from September 2008 till June 2009, and it was a term of the contract that the text be supplied by 30 June 2008 so that it could be printed in time for September. By 30 May, Arti had not yet started on the text and indeed he had written to Bee Ltd stating that he was too busy to write the text.
Bee Ltd was extremely perturbed by the news, especially as it had acquired the contract to supply all of the
accountancy body’s study manuals and had already incurred extensive preliminary expenses in relation to the publication of the new manual.
Required:
In the context of the law of contract, advise Bee Ltd whether they can take any action against Arti.
(10 marks)
The essential issues to be disentangled from the problem scenario relate to breach of contract and the remedies available for such breach.
There seems to be no doubt that there is a contractual agreement between Arti and Bee Ltd. Normally breach of a contract occurs where one of the parties to the agreement fails to comply, either completely or satisfactorily, with their obligations under it. However, such a definition does not appear to apply in this case as the time has not yet come when Arti has to produce the text. He has merely indicated that he has no intention of doing so. This is an example of the operation of the doctrine of anticipatory breach.
This arises precisely where one party, prior to the actual due date of performance, demonstrates an intention not to perform. their contractual obligations. The intention not to fulfil the contract can be either express or implied.
Express anticipatory breach occurs where a party actually states that they will not perform. their contractual obligations (Hochster v De La Tour (1853)). Implied anticipatory breach occurs where a party carries out some act which makes performance impossible
Omnium Enterprises v Sutherland (1919)).
When anticipatory breach takes place the innocent party can sue for damages immediately on receipt of the notification of the other party’s intention to repudiate the contract, without waiting for the actual contractual date of performance as in Hochster v De La Tour. Alternatively, they can wait until the actual time for performance before taking action. In the latter instance, they are entitled to make preparations for performance, and claim the agreed contract price (White and Carter (Councils) v McGregor (1961)).
It would appear that Arti’s action is clearly an instance of express anticipatory breach and that Bee Ltd has the right either to accept the repudiation immediately or affirm the contract and take action against Arti at the time for performance (Vitol SA v Norelf Ltd (1996)). In any event Arti is bound to complete his contractual promise or suffer the consequences of his breach of contract.
Remedies for breach of contract
(i) Specific performance It will sometimes suit a party to break their contractual obligations, even if they have to pay damages. In such circumstances the court can make an order for specific performance to require the party in breach to complete their part of the contract. However, as specific performance is not available in respect of contracts of employment or personal service Arti cannot be legally required to write the book for Bee Ltd (Ryan v Mutual Tontine Westminster Chambers Association (1893)). This means that the only remedy against Arti lies in the award of damages.
(ii) Damages A breach of contract will result in the innocent party being able to sue for damages.
Bee Ltd, therefore, can sue Bob for damages, but the important issue relates to the extent of such damages.
The estimation of what damages are to be paid by a party in breach of contract can be divided into two parts: remoteness and measure.
Remoteness of damage
The rule in Hadley v Baxendale (1845) states that damages will only be awarded in respect of losses which arise naturally, or which both parties may reasonably be supposed to have contemplated when the contract was made, as a probable result of its breach.
The effect of the first part of the rule in Hadley v Baxendale is that the party in breach is deemed to expect the normal consequences of the breach, whether they actually expected them or not. Under the second part of the rule, however, the party in breach can only be held liable for abnormal consequences where they have actual knowledge that the abnormal consequences might follow (Victoria Laundry Ltd v Newham Industries Ltd (1949)).
Measure of damages
Damages in contract are intended to compensate an injured party for any financial loss sustained as a consequence of another party’s breach. The object is not to punish the party in breach, so the amount of damages awarded can never be greater than the actual loss suffered. The aim is to put the injured party in the same position they would have been in had the contract been properly performed. In order to achieve this end the claimant is placed under a duty to mitigate losses. This means that the injured party has to take all reasonable steps to minimise their loss (Payzu v Saunders (1919)). Although such a duty did not appear to apply in relation to anticipatory breach as decided in White and Carter (Councils) v McGregor (1961)(above).
Applying these rules to the fact situation in the problem it is evident that as Arti has effected an anticipatory breach of his contract with Bee Ltd he will be liable to them for damages suffered as a consequence, if indeed they suffer damage as a result of his breach. As Bee Ltd will be under a duty to mitigate their losses, they will have to commit their best endeavours to find someone else to produce the required text on time. If they can do so at no further cost then they would suffer no loss, but any additional costs in producing the text will have to be borne by Arti.
However, if Bee Ltd is unable to produce the required text on time the situation becomes more complicated.
(i) As regards the profits from the contract to supply the accountancy body with all its text, the issue would be as to whether this was normal profit or amounted to an unexpected gain, as it was not part of Bee Ltd’s normal market when the contract was signed. If Victoria Laundry Ltd v Newham Industries Ltd were to be applied it is unlikely that Bee Ltd would be able to claim that loss of profit from Arti. However, it is equally plausible that the contract was an ordinary commercial one and that Arti would have to recompense Bee Ltd for any losses suffered from its failure to complete contractual performance.
(ii) As for the extensive preliminary expenses Arti would certainly be liable for them, as long as they were in the ordinary course of Bee Ltd’s business and were not excessive (Anglia Television v Reed (1972)).
第2题：
A、such few friends
B、such a few friends
C、so few friends
D、so few a friends
第3题：
So startling would his results appear to the uninitiate that until they learned the processes by which he had arrived at them they might well consider him as a necromancer.
_______________________________________________________________________________
第4题：
He wouldn't answer the questions of the reporters, _______ pose for a photograph.
A. nor he would
B. so would he
C. nor would he
D. nor he would
第5题：
A. He had them re-examined.
B. He used them according to specifications.
C. He looked into the contract.
第6题：
Passage Three
The war had begun, and George had joined the air force. He wanted to be a pilot and after some months he managed to get to the air force training school, where they taught pilots to fly'.
There, the first thing that new students had to do was to be taken up in a plane by an experienced pi lot, to give them some ideas what it felt like. Even those who had traveled as passengers in commercial (商业的 ) airline planes before found it strange to be in the cockpit (驾驶舱)of a small fighter plane, and most of the students felt nervous.
The officer who had to take the students up for their first flight allowed them to fly the plane for a few seconds if' they wanted to and if they were not too frightened to try, but be was always ready to take over as soon as the plane started to do dangerous things.
George was one of those who took over the controls of the plane when he went up in it for the first time, and after the officer had taken them [Yom him again. George thought that he had better ask a few questions to show how interested he was and how much he wanted to learn to fly. There were a number of instruments (仪表) in front of him, so he chose one and asked the officer what it was. The officer looked at him strangely for a moment and then answered, "That is the clock."
44. George went to the air torte training school because he wanted ______.
A. to fight the war
B. to fly
C. to be pilot
D. to be a passenger
44．答案为C 此考题为细节题。根据文章第1段第2句He wanted to be a pilot and after some months he managed to get to the air force training school，可以断定C正确。
第7题：
第8题：
A. as much as that
B. so many so that
C. so serious so that
D. so much so that
第9题：
第10题：
Write your essay on the Answer Sheet in 200-250 words.(30 points)
An English person recently came to your school to give a talk(what was the talk
about?).
He/She left a personal possession (what is it?)at the school(}cuhere exactly?). You
want to return the possession(how will you return it?)but you have had difficulty
contacting the person (howhave you tried to contact him/her?). You have a possible address for the person, but you're not sure if it's correct (why?).
Write a letter to the person.
.Thank them for coming to give the talk.
.Explain the situation.
.Ask them to contact you.
Student Committee
St Giles School
Swindon
18/4/2007
Mr Brendan Collins
Chairman
ILP Industries Ltd
Bristol BS3 20X
Dear Mr Collins，
I am writing to thank you for attending our school careers day last week
and giving such
an inspirational and interesting speech on career prospects in the
financial services industry.
I am also writing to inform. you that you left a CI}ROM in the computer
which you used
during your speech. Iwould like to return it to you as soon as possible but
Iwas unsure
whether to send it to your company or adifferent address.
I contacted your office but，unfortunately, you were away on business and I
spoke to a
secretary. She said that the disc belonged to your own private consultancy
business and that I should send it there. She provided me with an address but I am afraid
that I may havewritten it down incorrectly. The address I have is as
follows:Collinsi一Consultancies, Box 283A, Bristol. Could you please confirm that this is the correct address to
which I shouldsend the disc?
Thank you once again for your generosity in giving up your valuable time
for the
students at our school and Iam sorry I have been unable to return your
CD-ROM morepromptly.
Yours sincerely，
John Smith
John Smith
Student Committee Chairperson