Discharge Of A Contract

Question 1

Cutter v Powell

Answer 1

Performance must be complete and exact

Question 2

Planche v colburn

Answer 2

Prevention of full performance: if a party is prevented from completing the act, they can claim to be paid on a quantum merit basis

Question 3

Ritchie v Atkinson

Answer 3

Severable contract: breach of one part of the contract will not breach whole contract

Question 4

Dakin & co. V lee

Answer 4

Substantial performance: if they’ve done substantially what was agreed under the contract then appropriate pay for what has been done should be paid

Question 5

Sumpter v hedges

Answer 5

Acceptance of part performance, completing work without a choice is not part performance