Complete Performance Flashcards
1
Q
What is complete performance
A
If party has completed everything they agreed then contract is over
Cutter V powell
2
Q
Exceptions to complete performance
A
Divisabilty
Substantial performance
Acceptance of part performance
Time of performance
3
Q
Divisabilty
A
Divide contract into what has been completed and what has not
4
Q
Divisabilty case
A
Ritchie V atikenson
5
Q
Substantial performance
A
If party has done a substantial amount of the work he is entitled to be paid
6
Q
What is substantial case
A
Bolton V mahadeva
70%
7
Q
Prevention of full performance
A
Claim on quatum merit basis
Planchet V colburn
8
Q
Time
A
Will only be considered if time is of essence
9
Q
Time case
A
Union eagle V golden achievements
10
Q
Can a party accept part performance
A
Yes
