Discharge by Performance Cases Flashcards
Cutter v Powell
facts: a sailor’s widow sued for her deceased husband’s wages
held: court ruled in favor of the shipowner, stating the contract ended upon the sailor’s death, so no wages were owed.
principle: performance must be complete and exact to discharge the contract
Ritchie v Atkinson
facts: Ritchie promised to pay Atkinson’s debt to a third party in exchange for certain securities. Later, Ritchie refused to fulfill the promise.
held: Ritchie’s promise to pay Atkinson’s debt was enforceable because Ritchie received a benefit from the transaction.
principle: contracts can be divisible into parts, completion of one part is not a breach of the whole contract, but damages may be awarded for the rest.
Dakin and Co v Lee
facts: In “Dakin & Co v Lee,” Dakin & Co contracted to buy goods from Lee, but went into liquidation before delivery. Lee refused to deliver.
held: court ruled in Lee’s favor, saying the liquidation discharged the contract.
principle: substantial performance may be enough in large contracts where only small things have not been completed
Young and Thames Properties
facts: the contractor resurfaced a car park but didn’t follow the contract specifications. However, the car park was still usable for its intended purpose.
held: No breach of contract was found as the car park was still usable despite the contractor not following the specifications.
principle: quantum meruit: ‘as much as it is worth’- contract price may be adjusted to reflect how much work was done.
Planche v Colburn
facts: Planche, an author, published works in a periodical. Colburn, the publisher, later compiled these works into a separate volume without Planche’s permission.
held: an author’s right to copyright extends to the publication of their works in a periodical, even if not yet compiled into a separate volume.
principle: if one party prevents the other from carrying out the contract, the innocent party can be paid on a quantum meruit basis
