discharge of a contract

Question 1

performance (full compliance needed- HARSH RULE)

Answer 1

curtell v powell (

MITIGATING THE RULE:
Substantial performance- BOONE V EYERE (work done)
agreement on part performance - SIMPTER V HEDGES (must be a choice and stated)
severable

Question 2

agreement (release each other from obligation)

Answer 2

condition subsequent: blad v sparkler (swimmer on the conduct)

novation

Question 3

frustration (subsequent impossibility)

3 factors causing frustration

4 limitation to frustration rule

legal consequences of frustration (NONE but 2 possibility of remedy)

Answer 3

Taylor v Caldwell case (music hall burnt down)

3 FACTORS CAUSING FRUSTRATION:

1. impossibility of performance (destruction or death/incapacity)
2. illegal (fibrosa case- manufacture of machines but war)
3. pointless (krell v henry-edward coronation)

4 LIMITATION TO FRUSTRATION RULE:

LEGAL CONSEQUENCES OF FRUSTRATION (NONE but 2 possibility of remedy)

1. fibrosa case; recover money if you never got any benefit from it.
2. law reforms act in UK

Question 4

breach (perform erranously or fails to perform)

2 types

Effects of breach

Answer 4

2 TYPES:

1. actual breach: pilbrow case (p wanted to talk to a solicitor)
2. anticipatory breach: frost v knight (a promise to marry after d’s father died but broke before death)

EFFECTS OF BREACH: discharge(+damages) or affirm (but damages)

• depends on the type of term breached.
• repudiation (renounce obligation): less likely to be accepted by court (Frost v knight).

D: COMMUNICATE
A: NO NEED TO COMMUNICATE. JUST CONTINUE.