Contract - Complete Performance

Question 1

General rule: Performance must be exact and precise

Answer 1

Cutter v Powell

Question 2

What are the three exceptions to the doctrine of complete performance? (SAP)

Answer 2

1- Substantial performance
2- Acceptance (Voluntary) of partial performance
3- Prevention (Wrongful)

Question 3

Where the defects are slight, the contract will be substantially performed. How do you decide if defects are slight enough to constitute substantial performance?

Answer 3

Consider cost of cure relative to overall cost

Question 4

Cost of repair 1/14 of total contract price constitutes substantial performance

Answer 4

Hoenig v Isaacs

Question 5

Cost of cure 1/3 of total contract price does not constitute substantial performance

Answer 5

Bolton v Mahadeva

Question 6

What is the remedy for substantial performance?

Answer 6

Cost of cure

Question 7

Voluntary acceptance of partial performance by the other party discharges the contract, so long as the defendant has the choice to take or not take the work done

Answer 7

Sumpter v Hedges

Question 8

What is the remedy for voluntary acceptance of partial performance?

Answer 8

Quantum meruit

Question 9

If a party is wrongfully prevented from completing the contract then the contract will be discharged

Answer 9

yup

Question 10

What are the remedies for wrongful prevention?

Answer 10

1- Damages, including lost profit (Robinson v Harman)

2- Quantum meruit (Planche v Colburn)