ACCA Corporate and Business Law (F4) Certification Practice Exam

Session length

1 / 20

Sue owns a delicatessen and has contracted with Tim to supply her with fresh bread every day for the next ten weeks. After six weeks, Tim tells Sue that he is unable to continue to supply the bread. Which TWO of the following statements are true?

Sue can accept this as a breach of contract and sue for damages now

In contract law, when one party fails to perform their obligations as per the agreement, it is considered a breach of contract. In this scenario, Tim, who was contracted to supply fresh bread daily for ten weeks, has informed Sue after six weeks that he can no longer fulfill that obligation. This situation constitutes a clear breach of the contract.

Sue, as the non-breaching party, has the right to take legal action upon learning of the breach. She can initiate a claim for damages, which would be compensatory in nature, aimed at covering any losses she might incur as a result of not receiving the bread as agreed. This is a fundamental principle in contract law where the damaged party seeks to be restored to their financial position had the breach not occurred.

Therefore, the statement regarding Sue's ability to treat Tim's inability to continue as a breach of contract and sue for damages is accurate. This is essential for understanding a party's rights in contractual agreements when faced with a breach.

Given that this insight affirms Sue's position, it also provides context for the other statements, which may not align adequately with her options under the breach of contract scenario.

Sue can wait a further four weeks and then sue for damages

Sue can affirm the contract

Sue can obtain an injunction preventing Tim from breaching his contract

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