discharge by performance Flashcards

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1
Q

discharge by performance

A

both parties must have don exactly what they promised and that performance is full + complete
if performance by one party was incomplete, then the contract hadn’t been discharged - Cutter v Powell

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2
Q

courts have developed exceptions:

A

> divisible contracts
substantial performance
full performance prevented by D
part performance
late performance

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3
Q

divisible contracts

A

when a contract can be seen as being separate parts, non-completion of one part is not a breach of a whole contract

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4
Q

Ritchie v Atkinson

A

Ship owner agreed to carry cargo at a price per ton, only carried part of it. He was entitled to be paid for the pat of the cargo he carried

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5
Q

substantial performance

A

if a party has done almost everything that was required under the contract, the doctrine of substantial performance may apply .
Where it does apply, there must be payments of the amount for what has been done - quantum meruit
doesn’t apply where contract is considered whole

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6
Q

Dakin v Lee

A

builders agreed to repair Ds premises for £1500 . They performed the contract completely but 3 aspects were done poorly, cost £80 to put right .
Contract was substantially performed- pay a price with a reduction of defective work
(done badly didn’t mean it hadn’t been done)

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7
Q

Bolton v Mahadeva

A

not substantial if what has been done ‘removes the whole benefit of the contract or causes further damage’
C was entitled to no money as defects in the work would cost £174 to fix

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8
Q

full performance prevented by D

A

if one party prevents the other from carrying out his contract then the innocent party can e claimed on a quantum meruit basis (as much as its worth)

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9
Q

Planche v Colburn

A

Publisher hired an author to write a book for a series. When publisher abandoned whole series, the author was entitled to fees of his wasted work.

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10
Q

Startup v Macdonald

A

contract for 10 tons of oil to be delivered within the last 14 days of March. Oil delivered 8pm on March 31st - D refused to accept due to lateness of the hour
C had tendered performance within the agreed period. Time didn’t matter as it was within the day

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11
Q

Tender of performance

A

where a party has a time frame to get a contractual obligation done by

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12
Q

part performance
(D accepted it from C)

A

if one party agreed the other party doesn’t need to complete the entire contract, the contract must be paid for on a quantum meruit basis
But, D doesn’t have to pay anything if they had no choice but to accept the part performance

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13
Q

Sumpter v Hedges

A

builder stopped in the middle of building 2 houses so D finished the work himself - builder demanded to be paid for the work.
D had no choice but to finish the work himself - this did not mean he accepted part performance so no need to pay anything
would be different if work amounted to substantial performance

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14
Q

late performance

A

used for a contract that has a term specifying a time frame. The court regards time as a condition if ; the parties have expressly stated a time limit , circumstances - timing in the contract is critical , one party has failed to perform on time and other party insisted a new date of completion.
Late in completion = repudiation + no need to complete their part

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15
Q

Charles Rickards v Oppenheim

A

late completion of a Rolls Royce after deadline was set.
C was entitled to cancel the contract as time had been made of the essence and that term had not been complied with

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