discharge of contract-by performance Flashcards
what case est the genral rule of discharge by performance
cutter v powell
what is the rule under cutter v powell
if the performance from a contract is not finished the party is not entitled to anything
what are the 5 exceptions to the genral rule of discharge by performance
divisible contracts
substantial performance
voulountary acceptance of performance
prevention of perfromance
time
when is a contract divisible
when payment is due at various stages - not a lump sum
when can you claim payment for a divisible contract
after each stage is complete
give a case for divisible contracts
richie v atkinson
when may substantial performance apply
if a party has done substantialy what was required under the contract
give a case where there was not substantial perforemce so no payment
Bolton v Mahadeva
what can the party recieve for substantial performance
the ammont apropriate based on what they have done on a quantum meruit basis
what does quantum meruit mean + case
‘what its worth’
hoenig v isaacs
when does substantial performance not apply
where obligations cannot be ‘broken down’
no real benifit from contract/work is dangerous
what will happen if a party willingly accepts the part performacne
cutter v powell will not apply and party will pay for work on a quantum meruit basis
what will happen if the party is pressured to accept performance + case
not volountary acceptance
sumpter v hedges
what will happen if the other party pervents the party from doing theire obligation
cutter v powel cannot apply
if the party is prevented from doing their obligation what can they do + case
claim damages
planche v colburn
genrally what will happen if a party peforms their obligation outside the time
if its a warranty the other party can recive damages but not termination
what are the 3 circumstances where time will be considered ‘of the essence’
stipulation in the contract ‘time is of the essence’
circumstances suggest
failed to complete after an extention
what can the innocent party do if an obligation where time is of the essence isnt completed
repudation of contract
give a case for stipulation in the contract ‘time is of the essence’
union egal v golden achievment
give a case for failed to complete after an extention
charles lewis v oppenheim
