Discharge of Contract Flashcards
What is the case for the strict rule of performance?
Cutter vs Powell
What is the POL from Cutter vs Powell?
Husband didn’t complete all his obligations under the contract so wife couldn’t claim any wages
What are the cases saying all parts of a contract have to be fully completed for it to be valid?
- Arcos Ltd vs E A Ronaasen & Son
- Re Moore & Co vs Landauer & Co
What is the POL from Arcos Ltd vs E A Ronaasen & Son?
Staves were a sixteenth of an inch narrower than described so he was right to repudiate under the strict rule of performance
What is the POL from Re Moore & Co vs Landauer & Co
The total number of tins were correct but came in packages of less units than described - stated that the strict rule stretched to packaging and the buyer was right to repudiate the contract under the strict rule of performance
What is the POL from Reardon Smith Line Ltd vs Hansen-Tangen?
The judges would not accept a repudiation of obligations where the term was a mere technicality describing the shipyard and job number
What are the ways you can avoid the strict rule of performance?
- Divisible contracts
- Acceptance of part performance
- Substantial performance
4.Prevention of performance - Tender of performance
- Time of performance
What is the case for divisible contracts?
Taylor vs Webb
What is the POL from Taylor vs Webb?
The contract had divisible obligations, to lease the premises, and to repair and maintain. The contract was not entire and the tenant could not legitimately refuse payment
What is the case for acceptance of part performance?
Sumpter vs Hedges
What is the POL from Sumpter vs Hedges?
The landowner had no choice but to complete the work as the alternative was to leave the partly completed buildings as an eyesore on his land
What are the cases for substantial performance?
Dakin & Co vs Lee
Hoenig vs Isaacs
Bolton vs Mahadera
What is the POL from Dakin & Co vs Lee?
The builder was able to sue for the price of the work less an amount representing the value of the defective work
What is the POL from Hoenig vs Isaacs?
A decorator was hired to decorate and furnish a flat for £750. He finished the work. The owner moved in and paid £400 by installments. Then, because of defects to a bookcase and a wardrobe that would cost £55 to put right, he refused to pay the remaining £350.
Held - The contract was substantially performed and the balance was payable less the amount for the defects of his work
What is the POL from Bolton vs Mahadera?
There was not substantial performance as there were £174 worth of defects in a system, costing £560 (31%)
What is the case for prevention of performance?
Planche vs Colburn
What is the POL from Planche vs Colburn?
The author was prevented from completing the work due to the publisher abandoning the series. He was entitled to recover a fee for his wasted work
What is the case for tender of performance?
Startup vs Macdonald
What is the POL from Startup vs Macdonald?
The seller delivered at 8:30pm on 31st March which was a Saturday, and the buyer refused to accept the delivery. The seller was able to recover damages.
May be different under the Sale of Goods Act 1979 since delivery should be at a ‘reasonable hour’
What does time have to be in order to be able to repudiate the contract?
‘Of the essence’
What 3 principle occasions suggest that time is ‘of the essence’?
- Where the parties have made an express stipulation in the contract that time is of the essence
- Where the surrounding circumstances show that time of performance is critical, as would be the case with delivery of perishable goods.
- Where one party has already failed to perform his obligations under the contract. In this case the other party is able to confirm that unless performance is completed within a stated period, repudiation will occur
What is the doctrine of frustration?
Where there is a factor preventing performance that is beyond the control of either party to the contract
What is the case for the strict rule of fustration?
Paradine vs Jane
What is the POL from Paradine vs Jane?
If he had wished to reduce his liability to take account of intervening events preventing his performance, then he should have made express provision for that in the lease
What are the cases for the development of the doctrine of frustration?
Taylor vs Caldwell
Davis Contractors Ltd vs Fareham UDC
CTI Group vs Transclear SA
What is the POL from Taylor vs Caldwell?
The commercial purpose of the contract had ceased to exist, so performance was impossible and both sides were excused of further performance
What is the POL from Davis Contractors Ltd vs Fareham UDC?
The contractual obligation was impossible to perform because the circumstances in which performance is called for was radically different to that when the contract was taken out
What is the POL from CTI Group vs Transclear SA?
The fact that the supplier had chosen not to supply the cement making it impossible for the seller to perform the contract was not sufficient on its own to frustrate the contract
What are the 3 types of frustrating event?
- Where the intervening event makes performance impossible
- Where performance becomes illegal
- Where the contract becomes commercially sterilised
What are the cases from impossibility?
Taylor vs Caldwell
Jackson vs Union Marine Insurance Co
Robinson vs Davidson
Condor vs The Baron Knights
Morgan vs Manser
Pioneer Shipping vs BTP Tioxide
Metropolitan Water Board vs Dick Kerr & Co
What is the POL from Taylor vs Caldwell (Impossibility)?
Destruction of the music hall was the cause of the impossibility and the frustration
What is the POL from Jackson vs Union Marine Insurance Co?
The court accepted there was an implied term that the ship should be available for loading in a reasonable time, and the long delay was a frustration of the contract
What is the POL from Robinson vs Davidson?
It was held that the contract was conditional on the woman being well enough to perform and her illness excused her - the contract was fustrated
What is the POL from Condor vs The Baron Knights?
Held that the contract was frustrated since it was necessary to have a stand-in musician in case he fell ill