#CL- discharge

Question 1

what are the three ways a contract can be discharged

Answer 1

performance, breach,frustration

Question 2

what is the perfect tender rule

Answer 2

contract is only done when complete, totally and exactly done

Question 3

what are the court mechanisms to make the perfect tender rule fair

Answer 3

can get payment if the contract is divisible, c paid for parts done
if contract is whole or substantially done - c paid appropriate amount ‘ quantum meirt’
partly done = part performance, d must consent to appropriate payment

Question 4

when will time be held as a condition to a contract

Answer 4

not done in time?
was time of the essence?
expressly stated?
was there an extension?

Question 5

if time is not a condition it will be…

Answer 5

a warranty. C will get compensation.

Question 6

Cutter v Powell

Answer 6

contract for full voyage, not done contract Perfect tender rule

Question 7

Ritchie v Atkinson

Answer 7

contract was divisible, entitled to be paid for parts of contract he had done.

Question 8

Dakin & Co v Lee

Answer 8

the contract was substantially done as only minor defects in the work.

Question 9

Planche v Colburn

Answer 9

author prevented from carrying out contract so paid on quantum merit rule

Question 10

Sumpter v Hedges

Answer 10

builder did not finish work. customer had to finish it- builder not entitled to part payment

Question 11

Union Eagle ltd v golden achievement ltd

Answer 11

time was off the essence. for all it was only 10 minutes late. contract could be repudiated

Question 12

Charles Rickards ltd v Oppenheim ltd

Answer 12

he had made time of the essence so he was able to cancel out of the contract

Question 13

what is a breach

Answer 13

complete or total failure to perform a contract or failing to perform exactly

Question 14

what is the remedy for a breach

Answer 14

depends on whether condition or a warranty
condition= damages and or repudiation
warranty=just damages

Question 15

when can C sue in a breach

Answer 15

anticipatory breach= c has warning in advanced that it will not be preformed, c must mitigate and can either sue now or …
actual breach=d does not perform when agreed to

Question 16

Hochster v de la tour

Answer 16

anticipatory breach occurs when a party to a contract gives notice in advanced to the other party that the contract will not be performed

Question 17

Geden operations ltd v Dry bulk handy holdings

Answer 17

sets out when a breach can be treated as anticipatory

Question 18

what is frustration

Answer 18

unforeseeable unpredictable event that prevents a party from performing a contract

Question 19

what are three examples of frustrating events

Answer 19

now illegal to perform- was legal at the time
now impossible to perform (performance of services when ill)
radical change in circumstances. main purpose of contract over.

Question 20

what are not frustrating events

Answer 20

not radically different enough
in parties control
now just more difficult to perform
event was foreseeable
clause on contract

Question 21

what are the remedies for frustration

Answer 21

common law- future obligations cancelled

LRFCA 1943 (law reform for frustrated contracts act)- money paid to be returned
reasonable sum for enrichments gained

Question 22

Taylor v Caldwell

Answer 22

music hall destroyed, frustrated contract neither parties fault.

Question 23

Jackson v Union marine insurance co ltd

Answer 23

long delay lead to running aground. contract frustrated

Question 24

Denny Mott and Dickinson ltd V James B Fraser and co

Answer 24

law changed so importing these goods become illegal, thus frustrating the contract

Question 25

Krell v Henry

Answer 25

event which was main purpose, was no longer happening-contract frustrated

Question 26

Herne bay steamboat co v Hutton

Answer 26

not frustrated as main purpose was still there- navy ships unrelated to coronation

Question 27

Maritime national fish v ocean trawlers ltd

Answer 27

choice of which boat to allocate licence amounted to self induced frustration