Discharge By Performance Flashcards
Cutter v Powell 1795
performance must be complete and exact
performance must be complete and exact
Cutter v Powell 1795
Colburn 1831
If one party prevents the other from carrying out the contract, then the innocent party can claim to be paid on the quantum meruit basis
If one party prevents the other from carrying out the contract, then the innocent party can claim to be paid on the quantum meruit basis
Colburn 1831
Quantum Meruit
as much as it is worth
as much as it is worth
Quantum Meruit
Ritchie v Atkinson 1808
Where a contract can be seen as being separate parts, non-completion of one part is not a breach of the whole contract
Where a contract can be seen as being separate parts, non-completion of one part is not a breach of the whole contract
Ritchie v Atkinson 1808
Dakin 1916
If a party has done almost everything that was required under the contract, there may be a substantial performance and there must be a payment for what has been done
If a party has done almost everything that was required under the contract, there may be a substantial performance and there must be a payment for what has been done
Dakin 1916
What does not apply where the contract is considered to be a whole contract?
Substantial performance
Substantial performance only applies for what contracts?
Severable contracts
What is substantial for substantial performance is determined by the circumstances of each case
Mahadeva 1972
Mahadeva 1972
What is substantial for substantial performance is determined by the circumstances of each case
Sumpter v Hedges 1898
If the innocent party has no option but to accept the work partially done, this is not considered consent to part performance
If the innocent party has no option but to accept the work partially done, this is not considered consent to part performance
Sumpter v Hedges 1898
Time is a condition if…
- It is expressly stated in the contract that time is of the essence
- If time for completion of the contract is critical in the circumstances
- If one party has failed to perform on time and the other has insisted on a new date for completion
Time is a condition if it is expressly stated in the contract that time is of the essence
Union Eagle 1997
Union Eagle 1997
Time is a condition if it is expressly stated in the contract that time is of the essence
Time is a condition if one party has failed to perform on time and the other has insisted on a new date for completion
Oppenheim 1950
Oppenheim 1950
Time is a condition if one party has failed to perform on time and the other has insisted on a new date for completion
If none of the circumstances in which time is a condition is present, the delay is treated as what?
Breach of an innominate term
