so we would like to continue with our discussion of this chart of contracts i mean we are almost done so we are just trying to uh wind these things up so that we can have more time to look at few questions and then we tell you about the exams they are writing and i think we are good to go and i must say that the things that we are discussing are not something new because indirectly we'll be discussing them uh as we discuss some of the the other uh topics so i think that this is something that uh we can easily relate to as it were so we shouldn't be worried about we are sort of as executed we say we are doing like a mopar so we would like to use the first few minutes to discuss this chat by agreement but just before we proceed at our last meeting we discussed this chart by performance and just in case you didn't join that class and you'd not be able to play back what we did we have explained this chart to mean the various ways in which obligations that are assumed under contract come to an end so we say that a person will be discharged it simply means that you are released from the bedding of having anything to perform another contract so that's what you mean by like the this chat when you enter into a contract you assume obligation right you assume responsibility so at what point are you released from those obligations at what point are you released from the responsibilities now when you are discharged so question is how do you get discharged how do you get released from your buildings or responsibility and we've noted that uh they said me okay either by frustration and frustration is what they call like uh you know like an operational operation of law in the sense that certain developments happen uh having entered into the contract and the law says that as a result of occurrence of those developments we should regard the parties as having been discharged meaning that the parties are released by law from the burden or from the obligation to perform under the contract right then we also said that contracts may be discharged by performance and by performance we noted that ordinarily one will expect that parties to contract must carry out their mutual obligations i do mind you do yours and everybody is happy nevertheless in reality it's not really like that only one side might have carried out the site and another party has not so how can we say that one has actually carried out his side and with that matter in the eyes of the law he doesn't have any bedding or he doesn't have any obligation to perform again so and that is what we mean by decide by performance so for that to really happen the law has set a standard which you must measure up to so that if your performance gets to that level we can say that you have been released from your obligation to perform or you are released from uh the burden to do anything under the contract and we saw uh the precision rule or the exactly to draw which requires that you must carry out exactly as you uh are undertook to do under the contract so to speak and we saw how it is really strict with respect to either contract for goose or kundra for service and of course over time we also learned how the common law and equity evolve some exceptions in order to mitigate the the rigor or the strictness of the precision rule so we saw things like the doctrine of substantial performance uh where you've carried out most almost everything then then the call the the the code say that well we should give you the contact price less the amount of money required to make good the defects in your performance or we also have what they call like the quantum merit inappropriate cases especially where you have what they call a divisible contract several contracts the obligations are such that uh some can actually uh stand on their own independent of the rest so where that is the case and you've carried out some obligations we can stand on their own independent of the rest of the other obligations you could be giving payment for that on basis of account merit as much as your performance is worth or deserve so look at all that we also noted that where you are required to perform but the other party instead of giving you the free hand or space to know to perform for example stands in your way so it's prevent you from carrying out your obligation then because you're prevented from carrying out to obligation the law says that you'll be considered as actually having uh be released because we you know prevented by the other uh party and so on and so forth so these were some of the things that we discussed at our last meeting i'm sure that mr rico said something discussing this with you again in the tutorials so tonight we want to talk about this start by agreement of course we've discussed a discharge by preacher already maybe when we finish i mean just spend some 5-10 minutes on that and then we know that effectively we've done everything about this child and that should mark end of all topics which are meant to be studied in law of contract anywhere in the communal world and should be able to compete with anybody as far as law of contract is concerned now this chart by uh agreement it sounds a bit uh weird weird in the sense that the argument will be that how can you enter into an agreement to end an agreement is that not secular you know some kind of like a secular reason circular reasons like you're going around right yes the basic principle of law is that what has been created by agreement may be extinguished or destroyed by agreements and in fact agreement therefore as we will notice becomes a very decent way for getting things done for bringing things no arrangements into being and also in bringing arrangements to an end so and that is why the point is we made that decide by agreements will let us remember the basic measure that what has been created by agreement may be extinguished or disturbed by agreements so in practice parties to an existing contract may enter into agreement to abandon the existing contracts right before both parties have actually carried out all the obligations let's actually sit down and then strike a deal so that we don't have to really worry ourselves about this particular uh contract that we made as it were and that's uh that that that that can be done that can be done so let's keep that in mind but the question which we are confronted with is what we have witnessed already when we are discussing consideration if you remember because like you know having an agreement to do something either end or vary an existing agreement it's not anything new you've met it before when we're discussing the doctrine of consideration last semester so for example we know that for agreement to be binding it must have been in the form of like a formal agreement which is under seal so by reason of the seal or by deed it is considered as binding right or if it is not a formal contract by a parole contract with a simple contract then it must be supported by what it must be supported by uh consideration uh as it were and uh we are so confronted with what we know uh in ghana concerning the effect of the contract acts on the doctrine of what conservation so that is all those things and then we have to bring them to bed so that you look at our contractor for example and say that well if you make a promise and so on if the enviro conservation is provided is still binding those principles are applicable also to discharge of contract by agreement right so let's keep that in mind but another point to remember is that as to whether the issue of consideration for example even that common law would really be problematic or not in terms of trying to determine whether a concert has been discharged uh will depend ultimately upon whether we're dealing with like a bilateral destruct or electro uh discharge so let's keep that in mind what do you mean by balance for this chart but let's write this chart okay when both parties with the contracts have some right to surrender right uh where who is it both have some right to surrender to say that you have a and b right to the contract a has not finished performing all that is required of him and obviously should he perform b is going to enjoy from that right so with respect to the current contract be has a right under it and the right he has under it is what a is supposed to work is it was performed right let's also suppose that b is also required to perform something under the contracts and should be perform it is going to a new to the benefit or advantage of vote of a so what we are seeing is that with respect to the the contract in force b has something to receive and a has something to receive and what each of these parties have received is very much dependent upon performance of the outstanding obligation by either side and for that matter both parties could decide to surrender they are right so b could say that uh i'm okay hey don't do what they're required to do for my benefit under the contract and they could also say that okay that is fine b you don't have to perform so that way both parties have mutually surrendered their right under the contract right therefore uh where the unperformed we have like unperformed obligations as i have explained of the parties to the original contract and each party provides conservation by agreeing to release his right under the contact in consideration of a similar release by the other we see that there's a bilateral discharge so a as has been not to perform right good so a is promising be that yes don't perform what you're supposed to do under the original contract if b or don't agree that a should not perform what it was supposed to do under the original contract now that's mutual arrangements that is like the bala tradition right because uh each of the parties as it were have surrendered uh something uh over or val as uh it will so uh in terms of the agreement for bilateral discharge we could probably look at it from the point of view of uh if you like the three possible scenarios so we can look at the scenario of the variation of existing contract right and for that matter what we learned uh when we're discussing uh the rule in the panel's case if you remember folks and beer session a2 of the contra attack nintendo at 25 mutates mutants are all or applicable and then a recession plus agreement on the terms of a new contract uh recession plus agreement on the change of new contract recession as you know simply means that you are counseling right you are counseling or you are repudiating a contract right made a contract whose obligations have not fully be carried out you decide to cancel it out you decide to send it so that is recession now sometimes you may do that on the basis that a new contract should be concluded in place of the one which you are canceling or which you are uh nullifying as uh it were right and the test narrows like the you rescind or you terminate the existing contract you just resend it terminate it you don't think of any new contract to replace the one that you are alternating or the one that you are sending asset way so all these possibilities are there so let's keep them in mind then we also have a unilateral uh discharge right milatra discharge uh happens where only one party to the contract has rise to surrender that is to say that you have to participate to the contract and one party has completely performed his side of the contract and that is fully executed on on his side right and the other party is yet to fulfill all his obligation meaning that the other party has got outstanding obligations mind you we are not talking about breach of contract by the other party right because uh it may probably not have been due in terms of time for performance for the other party right so therefore we don't talk about breach breach only occurs where the timeline for performance has actually arrived or is you and you fail to perform in which case we talk about breach or uh as we will notice uh in the case of what we call anticipatory breach anticipatory the time for performance of the obligation has not yet fallen due has not yet arrived and then you advances a clear intention that you are not going to perform the obligation as it were so where that is the case that's of course depending upon whether it is accepted by the other party or you are feminine soon so we are not talking about any of that as far as unless i decide it's been said with respect to electronic discharge we are talking about where a party has obligation which is yet to be performed not necessarily because that because he has breached it no probably like the time for performance is even here to actually follow the asset way now so where you have carried out your side and the other party obligation is yet to uh ripe for performance you go out of your way and for example release him from performance release him in the sense that you say that you don't have to perform and i'm not going to uh hold it as a breach of contract against you should the time for performance even arise you know arrive as it were so that is unnatural this child of course at common law uh ultra discharge a promise by someone to release another from obligation under on the existing contracts rights must be supported by consideration before it can amount to effective discharge now we used to call that what we call the accord and what satisfaction according to satisfaction the accord is the agreement for the discharge of the original contract and the satisfaction is a consideration upon the party who has performed his obligation right so uh you have performed your uh obligation right and the other party is here to uh perform but you agree that you are going to release the one who is here to uh uh perform right from uh performance with that is the unilateral discharge that we are talking about so maybe if we needed the illustration let's look at the case of a british russian gazette and trade outlook limited against a suited new supers limited mr talbot agreed to compromise to ashens of libya which had been commenced by him by the british russian gazette in respect of certain articles in the daily mail the delhi me is a newspaper in the uk his uh promise was expressed in a letter in which he stated as follows could i accept the sum of one thousand guineas on account of costs and expenses in full discharge in settlement of my claim and i will forward and start strikeman solicitors to serve notice of discontinuance or to take other steps to end the proceedings now pending so this was if you like the the what really happened now before payment of the money the promised money at the time the thousand years uh tabot disregarded the compromise and proceeded with the trial of the case and later on when such a move was challenged the court held that the letter recorded an agreement in which the consideration was a promise for a promise in conservation of your promise to pay a thousand guineas so the defendants were therefore entitled to enforce the accord by way of what counterclaim and this is quite common uh you know a day-to-day engagement especially when you can be like law practice somebody for example will have like a cause of action against another person you will still maybe the plaintiff will sue the defendant probably for damages for certain things or trying to get some adapters and the defendants may also do counter clip like counter claim saying that you have still me iphones will still do right good so at some point uh probably uh some agreement may come up in which the plaintiff will say that i have abandoned all the reliefs or the claims that i was making against you maybe in return for you also probably surrounding the counter claim as it were so that is our then uh we want to talk about like if you like a novice uh another way in which uh this start me okay i've explained what you call like an innovation earlier on uh and innovation i think we've also met uh innovation before if you remember this case the case of uh uh hadley and ponsober hardly and ponce dubai which is usually a contrast of the case of still cannot marrick if you read the test writers especially title and then even answering on contract and in session fifa uh they will make the point that the way to rationalize the decision by the court inherently impossible having regard to the fact that the material facts or the situation in hardly and punched by in terms like this decession by some of the cement from the ship and all that was not significantly different from this the situation in stirling with americ and you notice that in silk and marik the court said that the promise to pay uh additional wages to those who stayed behind and held their shaped completed voyage was not binding because of insufficiency about conservation but inherently impossible if you remember the course said that the promise was always banning and as i said if you read the test fighters some will allude to the fact that in the case of uh hardly impossible what you had was one of innovation so what is innovation innovation happens when two existing contracts are replaced by one right there's a contract between uh a and b and then they say that let's abandon that contract and in place of that let us conclude another one so innovation comes from the latin word there's a principle called the novus actus intervenes so where you have like a new 10 waters entire you know intervene or which has uh come between the breach of the duty of care and then the resulting injury right to break the chain of causation but that's what we are discussing i'm just trying to let you know the etymology of the word innovation which is essentially novus know what's mean new so you enter into like uh you you end the existing contract and why ending that you enter into contract which is in similar terms or whatever replace the existing one right yeah maybe another point we may also made which is can happen in reality is condition a subsequence and condition subsequent if you remember discussion by authors of uh answering on contracts when we're discussing terms of contract we need to talk about condition subsequent and precedent and so on and in the case of a head and tetra cell so a contract may include provision for its own discharge by imposing a conditioned precedent which prevents the contract from coming into operation unless the condition is satisfied in other words the contract may impose a condition subsequent by which i contacted this chart on the later happening of an event that is to say that for the contract to remain in force a particular condition or particular situation should remain true maybe we could probably even go to the example of the case of uh i think the financing uh uh and for now if you remember the finance against simpson right when we're discussing the revocation of uh offer or determination of offer where they say that where an offer has made subject to condition uh failure of which condition will mean that the account the the offer has sold our slaps so for the offer for example in that case to remain the condition uh on basis of which the offer was made should have remain so that if that condition for example ceased to exist then the the promise or the contradiction for women should be said to have what we have come to an end so for example if we look at the case of a a before uh plantation limited against the chain the parties entered into agreement in 1985 to sell and buy a plantation which included android donated to acres in respect of which the leases are despite in 1950. the vendor had tried without success reign intervening yes to obtain a renewal of the leases mind you delicious expired involved 1950 but the agreement was made in 1955. as we look at close four of the agreements it provided that quote the purchase is conditional on the vendor obtaining a renewal of the leases so the one who was selling the land right his title had actually elapsed by evolution of time or undespised so the understanding between the buy and the seller was that we are making this contract for you know purchase of this land or whatever on basis of the condition that you will take steps to get the lease renew now what that means is that if you prove unable to fulfill this condition that is he was not able to renew the list then the agreement for selling the land will become null and what void so that was the situation and as the facts indicates that vendor was not successful in trying to get the the the lease renewed and for that matter uh the court held that the purchaser could not recover the deposit he had uh paid as it were because the purchase is conditional on the vendor obtained a renewal of the list yeah i think that we would end the discussion of discharge of contract by agreement here and as i said we've already uh discussed uh this chart by bridge but it will not be out of place to [Music] just do a quick recap of that okay so just a minute let me open my mind okay so we would like to continue our discussion by looking at the discharge by bridge and that should mark the end of discussion of the various ways in which a contract may be discharged of course i have indicated that this is not the very first time we are encountering the child by breach because last semester when we were discussing remedies for breach of contracts that was done on presupposition that we knew what a breach of contract was and quite apart from that we have also been learning terms of contract this semester and among other things we discuss the relative importance of world of terms looking at the warranty looking at the condition and then he nominated him and within the context of all that we are encountered a a discharge asset we encountered a bridge uh just a minute by the interruption yeah so uh when we talk about the discharge of contract by bridge we have to remember that a breach of contract is said to have occurred where a party the contract has failed to comply with his obligations under the contract or has failed to perform his obligations right or he has performed in an effective manner but we have to remember that it's not any breach of contract at all which will constitute discharge by breach because we understand discharge to mean that we are released from federal obligations under the contract if that is so then it is important to also appreciate that it's not any breach at all right which will uh bring about uh a release from federer uh performance asset way now related to that we should also remember and of course we've encountered that already we're discussing remedies for bridge of contradiction he said that breach of contracts uh give rise to second obligation to pay damages within the same part you are suffered as a result of the bridge if you don't carry out your side of it then automatically you are assumed so you have an obligation the primary objection is what you are supposed to perform under the contact you are failing please please admit yourself let me meet all of you [Music] so you have like the primary obligation that is to do that what is required of you under the contract but you don't do it and your failure to do that primary obligation also brings another obligation what do you call like a second obligation upon you and that second obligation is to [Music] pay what they call like the damages right to pay damages into i mean to the one who is the muslim who has carried out uh his side of the contract so what uh we should remember is that uh when a breach of contract has occurred we may identify two scenarios because the bridge will fall into one of two categories and the primary obligation to perform the contra terms permits so that one is very fundamental so what are the two categories of breed that we are talking about and these two categories of which will entitle an innocent party not only to claim damages but also to treat the contract as discharged and what are these one where the party in default has repudiated the contract either before performance is due or before it has been fully performed right so where you have repredated the condom meaning that you have elected right you have elected not to perform the contract not to carry out your contractual obligation and this election may be one of two scenarios either it is time for you to carry out the obligation and you define that you won't perform right or it is not your time for you to perform but you have convinced you have indicated you have manifested clear intention that should the time for performance arrive you are not going to perform secondly and where the party in default has committed a fundamental breach but of course from discussion of the exclusion clause i hope you remember the case of uh photo production against curriculum and subsequent cases in which the viewer has been held that the fundamental british doctrine has now become all of what they call the a matter of interpretation rather than any uh visited meaning as used to be the case in the past and so we've talked about and discreetly bridge and the the point we are making or we've made already is that uh it occurs where one part is indicates or inform the other by west that is expressed or by conduct that is implicit that you not honor or perform its contractual obligations should same uh uh become due so that is why we say anticipate from the word anticipation you're expecting isn't it remember charles dicks charles dixon's book great expectations yeah so expectation anticipation so anticipatory bridge and display the bridge in the sense that time for performance has not yet arrived and yet clearly the other party has indicated that do not perform should mean the time even arrive as it were now this type of bridge that is a descriptive bridge would be treated as republican because the contract is renounced or the party incapacitate himself from performing the obligation under the contract the one who is supposed to perform i said is i won't perform right i won't perform and that is why i say that it's a republic a reproduction in the sense that it releases the innocent party from the obligation to uh perform and that is why uh in the case of message to lord black ben right try to explain uh and this went through the bridge in a very beautiful way and let me quote the words of the black band coach where there is a contract to be performed in the future if one of the parties has said to the other in effect if you go on and perform your side of the contracts i wrote a form that in effect amounts to saying i will not perform the contract right if you go on and perform your side of the contract i'll perform mine so that in effect is saying that months was saying that i will not perform the contract in that case the other party may say you are giving me the same notice that you know perform the contract i will not wait until breaking it but would treat you as having put an end to the contract and if necessary i will see you for damages but at all events are not go on the contract now this is uh pertinent because when we are discussing uh what do you call you know damages for breach of contracts we talk about the point of uh mitigation of what of damages isn't it that where a bridge of control has occurred you have to take steps which are not unreasonable or which are not too honest in order to mitigate to minimize the losses and so on so for example square and this withdrawal bridge for example has occurred and so on and you have accepted and displayed a bridge and if there's an opportunity for you to get uh what the other part was supposed to have done and for example you make use of it and it will minimize the losses then you go for it so and especially a bridge in effect gives the injured party that is the innocent party two options first he can elect to treat the contract as well created by the other as represented means that he can say that okay if you've made a disputed bridge i'm taking the serious i'm not taking you with the uh gloss i'm not a gloves i'm not taking it as a joke i'm taking you at your weight that you've actually terminated the contract so i'm going to see you for breach of damages for breach of what for contract as it were and all the other things that we know uh taking or the second option is that the unison party can elect to affirm the contract electing to affirm the contract simply means that uh he allows the country to continue until there's a natural breach and that is to say that you have had anticipated which i don't want to take it serious right you don't take it serious and you rather want to [Music] wait for the d-day to happen for the d-day to happen because there can be a change of mind maybe a bad example but those of you are familiar with the christian bible the lord jesus christ gave a certain parable and in about a man who had two uh children and he sent them uh one to the father that i'll go and he didn't go and the other told the father in the face that ango but later on when the obligation was really deal we had the change of mind and what once so on the spectre breach one might have said that uh i won't perform but later on uh there may be a change of mind and he or she may want to perform and that is why the second option is also permissible that you can choose to really ignore the anticipatory breach and continue to carry your carry out your side of the contract hoping and waiting for the time for performance by the other party in the sure hope that he may perform so that way you have sort of ignored that disputed breach and when you've an ignored and disputed breach in law we say that you have elected to affirm the contract there has been affirmation by you affirmation by you in the sense that you are not allowing the anticipated breach to terminate the contract you are still regarding the contract as being in force right and wait until the actual date or term for uh performance by the one who made the anticipated breed and a well-known case uh is the case of white and qatar cancers limited against mcgregor the respondent says manida acting within his authority entered into a contract with our plants for the fixing to litter beans or plates advertising the respondent's business on the same day upon hearing of the contract the respondents wrote to the appellants to cancel the agreement but the appellants refused to accept his cancellation and went ahead to display the advertisements so the contract was for a period of 156 weeks and another terms of the contract if any installment was unpaid for four weeks the whole of the amount due for the henry emphasis which for the remainder of that period became payable the respondent did not pay the first installment within the time allowed and the appellant saw to recover the whole price and eventually the mata came to the court the court held that the respondents were entitled to succeed and a victim was made by on behalf of the of the panel that could if one party to a contract reproduce it to the other the innocent party has an option may accept that reputation and seal for damages for breach of contracts whether or not time for performance has come he may if he chooses disregard or refuse to accept it and then the contract remains in full effect right so that is the right encounter against mcgregor so let's keep that in mind and of course you've met the case of a rochester against the latter remember or just against the la tour when we're discussing in terms of contracts the defendant engaged the plaintiff as a courier to accompany him to european tour commencing on on may 11 the defendant wrote to the plaintiff to say that he no longer required services so the tour was meant to start fashion but the then this radio bridge occurred on 11th may now on 22nd may the plaintiff commence legal proceedings for a disputed breach of contracts and the defendants objected that there was no asthma breach until version and the court held that the plaintiff was indicted to sue as soon as the disputed bridge occurred on levy with me in other words the court was retreating the point which fighter and carter again madrigal had made that where and and spiritual breach has occurred the innocent party has the choice you can accept that the spiritual breach right and actually treat the contact as having been repudiated in which case you do what is done when there has been a reproductive breach you see for damages you are released from further performance and all that or you can elect to affirm the contract you would like to affirm the contract meaning that you will ignore the fact of the reputation right and think that uh the time for performance has not yet arrived and for that matter for you you are not taking what the the defaulting party who has given the notice of reproduction uh you're not taking him zero because not your time so you continue to observe the contact as if everything is what uh is in order so that is what we should uh uh remember and that was exactly what they called uh uh uh you know came to in the rochester and in the latter so the court made the point that if the innocent party elects to treat the contract are still subsisting despite the other parties and the spiritual breach then the innocent party may lose the right to sue for breach of contract if the contract is discharged for frustration or legality so if you decide to ignore the anticipatory breach right by affirming the contracts and observing your side of the contracts hoping that the person who has convinced intentional to perform is really not going to be serious and he wants you to have a change of mind now during the intervening period should anything happen such as frustrating events right then the frustrating events were ignored to the benefit of the person who had invented intention not to perform in other words should you ignore the repudiation i mean the anticipated breach and affirm the contract and and and behave that the conduct is still enforced if there should be frustration you will no longer be able to sue for damages right and you know that frustration i release the parties from all the surges the parties from the contract and even the person despite the fact that he had invented an intensity not to perform so long gas the time of performance has not arrived and frustration has a kicking he'll be able to take advantage of the frustration and you can no longer see him forward for damages so that is the only risk should you decide to affirm the contracts and ignore the undisputed breach so let's keep that in mind and that is exactly what happened in the case of every against a bounding a ship was required to load uh cargo at odisha within 45 days right the ship master was told before the expiry of uh these days that no cargo would be available now he elected to affirm the contract in other words he ignored the anti-spiritual breach and remain uh at the hoping that a cargo will be provided in any case the cargo was supposed to load within 45 days so he thought that 45 days it's quite a long time now before the expiry of the 45 day period the contract was frustrated by outbreak of war uh which made it illegal to load cargo at the enemy port and the court held that the ship owners uh could not recover damages from this major bridge in failing to provide the cargo sense the master has film the master had ignored the anticipatory breach and behaved as if the contract was actually enforced waiting for the 45 years elapsed and since frustrating event in this case outbreak of war okay before the the time for performance the party which had made and disputed which could take advantage of the frustration you could no longer bring an action for damages against him so that is the point that we should keep in mind [Music] now so the takeaway is that where the innocent party makes an election to treat the contract as a charge or or terminate it but that is if he chooses he's not affirming he's not making affirmation he's actually recognizing the anti-spiritual breach then he must notify or make his uh decision known to the the party in default and the legal effects will be the following uh one he's not bound by his future or continued contractual obligation and cannot be sued on them two he need not accept nor pay for further performance because the contra have been discharged today he can refuse to pay for partial defective performance already received and four he can claim back the money paid to the defaulter if he can and thus reject a defective performance and five he is not discharged from the contractual obligation which were due at the time of the termination so these are some of the basic legal uh consequences which flew from the uh on the spiritual bridge okay now let's uh wind up by talking about actual breach and the spiritual breach as we have seen mean that before time for performance of the obligation the one party indicates that he will not perform right either expressly or by conduct that is undisputed actual bridge on the other hand from the word actua meaning that time for performance has actually a right and you fail to perform you default to perform you don't carry out right and that's what breached me okay in one of three ways one non-performance that is the due date of performance arrives and the other party does not perform with obligation or part of the wagon or secondly you can have actual breach in the form of defective performance that is to say that the performance does not measure up to the precision rule if remember remember the precision rule a precision rule uh which we met good koban and blanche and those type of cases and then uh the test scenario is that on truth as regards the time of the contract for instance where the promise made by a party has deliberately concealed the true uh intention then that could also be a natural breach in appropriate uh circumstances as it were now another thing we should note is that whether a natural bridge can actually discharge the parties from their contractual obligation will very much depend on whether the breach is fundamental right and what do you mean by saying that a british fundamental a bridge is set with fundamental if the time of the country that is broken is of importance to the parties and goes to the root the very foundation of the contract that makes it further performance impossible in other words that particular term is so important that the breach of it makes further performance of the contract impossible so to speak and that will be a fundamental uh breach as it were so uh we know already that uh terms of conduct may be other conditional warranty isn't it and then the the more recent addition you nominate uh term turns to lord diplock in the hong kong fair case yeah so i'm not going to believe that those points so i assume that the discussion we did on temps and the recording are still available you can go and look at the recording especially the relative importance of terms and the things that we said about condition we said about warranty and nominate them they are still uh applicable here you are not going to belabor that point so that said we this will mark the end of like the former lecture and what we are going to do next is to discuss uh some uh questions right before we will end and mr ezekiel say has also been doing very well having a lot of uh discussion uh with you and you continue to do his best before you write the examination okay so uh mr gill said let me make him i don't know what that my colleagues are here jennifer please are you here uh then if i sorry it's not here let me see my here okay is everywhere yeah dog yeah good evening everyone you have uh you have before we start the the question this the do you have any comments uh to make no doubt i don't have any comments mr because you have anything to add no say okay all right so uh let's take advantage and look at