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Law- Paper 3 section B > Discharge > Flashcards

Discharge Flashcards

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1
Q

What is discharge

A

The point at which a contract comes to an end

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2
Q

What are the 3 ways that a contract may be discharged

A

Performance, breach and frustration

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3
Q

What is performance

A

Both parties have done what they agreed in the contract, when they have fulfilled their acts they can end it

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4
Q

What circumstances has the harshness of performance lessened in

A

a. Tender of performance
b. Severable contracts.
c. Substantial performance
d. Acceptance of partial performance
e. Delayed performance

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5
Q

What case contains the 5 circumstances of performance

A

Cutter v Powell

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6
Q

What is tender performance

A

You can claim for the work that you have done, quantum meruit- as much as it is worth

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7
Q

What case do you use for tender performance

A

Planche v Colburn

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8
Q

What is a severable contract

A

If a contract has separate parts, non completion of one part does not breach the contract and you can receive part payment may still be made

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9
Q

What case do you use for severable contracts

A

Ritchie v Atkinson

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10
Q

What is substantial performance

A

When some work is done well and other bits not so well, often ends in a price reduction for the claimant

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11
Q

What case would you use for substantial performance

A

Darcin and Co v Lee

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12
Q

What case states the courts will reach a fair and just outcome for substantial contracts

A

Young v Thames properties

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13
Q

What is part performance

A

You gain the money for the thing you have done before being told you cannot continue

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14
Q

Who must part payment be discussed by

A

Both parties and it has to be free from undue pressure, will be invalid if one party has no option but to take it

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15
Q

What case do you use for part performance

A

Sumpter v Hedges

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16
Q

What is delayed performance

A
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17
Q

What are the 3 circumstances in which time will be a condition

A

■ Parties express that ‘time is of the essence’
■ Time of completion is critical (in the circumstances)
■ One part hasn’t completed on time and other party has insisted on another completion date

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18
Q

What case do you use for delayed performance

A

Charles Rickards v Oppenheim

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19
Q

What is frustration

A

Where a party to a contract is prevented from keeping their promise because of an unforeseeable, intervening event out of the control of the parties

20
Q

What is the old rule of frustration

A

A party was bound to perform their contractual obligation even if an
intervening act made it impossible

21
Q

What case do you use for the old rule for frustration

A

Paradine v Jane

22
Q

What is the new development for frustration

A

If a party to a contract was prevented from keeping the promise because of an
unforeseeable, intervening event, they would not be liable for a breach of contract.

23
Q

What are the grounds for claiming frustration

A

Impossibility, illegality, radical change in circumstance, leases and employment contracts

24
Q

What is impossibility

A

It is no longer possible to fulfil the contract under any means

25
Q

What case do you use for impossibility

A

Taylor v Caldwell

26
Q

What is illegality

A

A change to the law that makes imports or certain goods and certain acts illegal

27
Q

What case do you use for illegality

A

Denny, Matt and Dickson v James B Fraser

28
Q

What is radical change in circumstance in frustration

A

The event was the main purpose of the contract but now there is no event

29
Q

What case do you use for radical change in circumstance

A

Krell v Henry

30
Q

What is meant by leases in frustration

A

Permanent access to the building is obstructed

31
Q

What case do you use for leases

A

National carriers v Panolpina

32
Q

What is employment contracts as frustration

A

Illness can be a frustrated event

33
Q

What case do you use for employment contracts

A

Robinson v Davidson

34
Q

When do courts have limited frustration

A

■ Self induced frustration
■ The contract becoming less profitable
■ The event being a foreseeable risk or the event was mentioned in the contract

35
Q

What is meant by self induced frustration

A

If they placed themselves in that position

36
Q

What case do you use for self induced frustration

A

Maritime national fish v Ocean trawlers

37
Q

What is meant by less profitable in frustration

A

You cannot claim if during the time in which the contract is in play, the cost has gone up and your profit has decreased

38
Q

What case do you use for less profitable

A

Davis contractors v Fareham urban district council

39
Q

What is meant by foreseeable risk in frustration

A

If the risk is likely to happen then frustration should not occur

40
Q

What case do you use for foreseeable risk

A

Property v John Walker and Sons

41
Q

What is force Majeure

A

A clause often found in commercial contracts, it excludes liability for the parties for delays in performance or the non performance if there are extraordinary events

42
Q

What sets out the remedies for frustrated contracts

A

Law Reform (Frustrated Contracts) Act 1943

43
Q

What does s1(2) Law Reform (Frustrated
Contracts) Act 1943 state

A

Money paid before the event (deposits) occurred can be claimed back

44
Q

What does s1(3) Law Reform (Frustrated
Contracts) Act 1943 state

A

If one party has obtained a valuable benefit from the contract before the frustrating event, the court may order them to pay a just sum

45
Q

What does s1(4) Law Reform (Frustrated
Contracts) Act 1943 state

A

In estimating the expenses incurred by any party to the contract, the court should consider- over head expenses and any work/ services performed personally by a party to the contract

Law- Paper 3 section B (16 decks)

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