discharge of contract Flashcards
what is the definition of a discharge of contract
the contract has come to an end and neither parties are boiund by its obligations
what is the definition of discharge of performance
a contract can be discharged when both parties fully perform their obligation
Cutter v Powell
what is a substantial performance
bolton v M????
when a party has completed the contract for the most part part but there are some minor defects,they may still be entitled to a part payment
Bolton v Madheva
what is quantum meruit
as much as its worth
what is the defintion if a divisble conrtact
Ritchie v A???
if a contract is made up of seperate parts, payments can be made for the completed sections
Richie v Atkinson
what is a prevention of full performance
Planche v C??
if one party is prevented from completing the contract by the other party, they may claim payment for the work done
Plance v Colburn
what is a discharge by breach
a breach occurs when one party fails to fulfill their contractual obligations
what is a actual breach
one party fails to perform at the agreed time
what is an anticipatory breach
hochester v de ?????
when one party indicated in advance that they will not fulfiil their duty
hochester v de la tour
what can a prty clain if the breach is a condition
opposing party can terminate the contract and claim for any damages
what can the party claim when it is a warranty
opposing party can claim for damages but will not be able to discharge the contract
what is the defintion of a discharge by frustration
a contract is frustrated when an unseen event occurs after the contract has been made making it impossible, illegal or raddicaly diffrent from what was agreed
what is frustration impossiblty
when the subject matter is destroyed and the contract can not be complete
taylor v caldwell
what is frustration illegality
when a change in the law makes a contract impossible
Fibrose v Fairbairn
what is frustration via a radical change in circumstances
Krell v H???
an event occurs that makes a contract totally diffrent from what was intened
Krell v Henry
a limitation on frustration is self induced what is this
if a party is responsible for the frustrating event than it does not apply
a limit on frustration is forseeable events what does this mean
if the event could have been anticipated then frustration will not apply
