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A consultant was alleged to be in material breach of a consultancy contract for refusing to supply his services. He responded to a material breach notice by stating that he was willing to perform. However, the Court of Appeal held that this was insufficient to remedy the breach (Bains v Arunvill Capital Limited).(According to the court, actual performance, rather than an indication of a willingness to perform, is required to remedy a material breach of contract.
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Holding: This is a statement of law that is the court's answer to the issue. ... Reasoning: This is the court's analysis of the issues and the heart of the case brief. Reasoning is the way in which the court applied the rules/ legal principles to the particular facts in the case to reach its decision.
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