Chapt 6 Cases- Discharge Of Contracts Flashcards
Cutter v Powell 1795
Rule on performance
A seaman who was to be paid his wages after the end of a voyage died just a few days away from port. His widow was not able to recover any of his wages because he had not completed performance of his contractual obligation. However, this situation is now provided for by the Merchant Shipping Act 1970.
Hoeing v Isaacs 1952
Exceptions to performance (substantial performance)
Held:
The claimant had substantially performed the contract and was therefore entitled to the contractually agreed price minus the cost of the defects.
Bolton v Madheva 1972
Exceptions to performance (substantial performance)
The claimant installed central heating in the defendant’s home. The agreed contract price was £560. The defendant was not happy with the work and refused to pay. Defects in the work amounted to £174. The action by the claimant to enforce the payment failed since the court held there was no substantial performance.
Planche v Colburn 1831
Exceptions to rule of performance (preventing performance )
The claimant was still willing to complete. The claimant brought an action to enforce payment.
Held:
The claimant was entitled to recover £50 because the defendant had prevented the performance.
Poussard v Spires 1876
Breach of condition
entered a contract to perform as an opera singer for three months. She became ill five days before the opening night and was not able to perform the first four nights. Spiers then replaced her with another opera singer.
Held:
Madame Poussard was in breach of condition and Spiers were entitled to end the contract. She missed the opening night which was the most important performance as all the critics and publicity would be based on this night.
Bettini v Gye 1876
Breach of warranty
Bettini agreed by contract to perform as an opera singer for a three month period. He became ill and missed 6 days of rehearsals. The employer sacked him and replaced him with another opera singer.
Held:
Bettini was in breach of warranty and therefore the employer was not entitled to end the contract. Missing the rehearsals did not go to the root of the contract.
Taylor v Caldwell 1863
Frustrating events
Pol- A party’s duty, under a contract is discharged if performance of the contact involves particular goods, which without fault of either party are destroyed, rendering performance impossible.
Destruction of subject matter
Condor v Baron Knights ltd 1966
Frustrating events
Pol
The claimant’s action was unsuccessful as his medical condition made it impossible for him to perform his contractual obligations and the contract was thus frustrated.
Personal incapacity will generally render contract frustrated
Fibrosa Spolka 1943
Where a contract becomes illegal to perform it will frustrate the contract
Krell v Henry 1903
Frustrating events
A contract may be frustrated where it is deprived of its commercial purpose:
Gamerco SA v ICM 1995
Payer and payer rule
The application of s1(2) LR (FC) Act 1943 was considered in this case.
The payer rule is that money paid can be claimed back and money owed no longer due
The payee rule is that can recover money for expenses IF the court considers it just
Sumpter v hedges
Acceptance of partial performance
