Discharge Flashcards
Richie v Atkinson 1808
divisible as cargo ship owner charged on what was carried
Hoenig v Isaacs 1952
£55 was taken from agreed price of £750 for decorating as it was not perfect but was minor
Bolton v Mahadeva 1972
breach of contract for defects amounting to £170 out of £560 paid
Sumpter v Hedges 1898
no choice but to continue work after builders ran out of money so the builder couldn’t be paid full amount
Planchè v Colburn 1831
entitled to payment of writing book after he’d done all of the research & then been told he was no longer needed
Charles Rickard Ltd v Oppenheim 1950
time of performance to build car was not acceptable after letter was sent expressing the importance of it being finished
Paradine v Jane 1647
courts stated tenant was contractually obliged to pay after land was overrun
“when a party by his own contract creates a duty or charge upon himself, he is bound to make it good, not withstanding any accident by inevitable necessity, because he might have provided against it in his contracts”
Taylor v Caldwell 1863
contract discharged after fire burnt hall down which was being rented for performance
“In contracts in which performance depends on the continued existence of a given person or thing, a condition is implied that the impossibility of performance arising from the perishing of the person or thing shall excuse performance”
Krell v Henry 1903
contract frustrated to hire hotel room to watch procession of King James VII after he got ill as even was cancelled
Herne Bay Steamboat Co v Hutton 1903
contract not frustrated to hire boat for “a days cruise on the Thames and to watch procession of King James VII
Condor v Barron Knights 1966
contract frustrated to hire drummer to perform after he became ill and was unable to perform on doctors orders
Avery v Bowden 1855
contract frustrated to trade with Crimea during war
Denny, Mott & Dickinson v James B Fraser & Co 1944
Lord Macmillan - “it is plain that a contract to do what it has become illegal to do cannot be legally enforceable”
Baily v De Crispigny 1869
contract frustrated to not build on land by government built railways
Maritime National Fish v Ocean Trawlers 1935
self induced frustration as he did not get the licences for the boats before hiring them
Davis Contractors v Fareham UDC 1956
agreement to build properties with shortage of labour & materials was not frustrated, just more difficult
Tsakiroglou & Co v Noblee thorl 1962
canal used for shipping was shut down - not frustrated as they could use alternative methods
Chandler v Webster 1904
“the loss lies where it falls”
Hochester v De La Tour 1853
had a choice to decide whether to acknowledge the breach immediately or wait until he was due to start - chose immediately - successful
White & Carter (Councils) Ltd v McGregor 1961
house of lords acknowledged you can wait for the breach to happen during contract about signs on bins
SK Shipping Pte Ltd v Petroexport Ltd 2009
supreme court made it clear that you will only have the right to acknowledge an anticipatory breach if there was clear and absolute intention not to perform obligations
Fercometal SARL v Mediterranean Shipping Co (The Simona) 1988
did not accept anticipatory breach and said the ship would be ready for 8th July - was not ready so claimants able to sue for breach
Anglia TV v Reed 1972
Oliver Reed failed to show up to production - pulled out last minute - claimed reliance loss `
Hadley v Baxendale 1854
claim against workers for taking a long time to get mill part back (closed whilst being repaired) too remote for lost profit
Victoria Laundry v Newman Industries 1949
too remote to sue for loss of government contract but could claim for lost profit
Ruxley Electronics & Construction v Forsyth 1996
swimming pool a foot too shallow merited £2500 in lost benefit as it would cost more to fix than the pool did itself
Jarvis v Swan Tours Ltd 1972
claimed for disappointment about holiday (no other people) successful but criticised
