Discharge of contract - performance and breach

Question 1

Cutter V Powell

Answer 1

Complete/entire performance - the sailor hadn’t completed entire performance so his wife couldn’t claim any payment

Question 2

Re Moore

Answer 2

Not exact performance - although the whole benefit of all the cans was there, because they weren’t in the correct size packs as in the description on the contract this was not exact performance and the buyer could reject

Question 3

Ritchie V Atkinson

Answer 3

divisible/severable contracts - multiple obligations under one contract - the ship owner was able to claim for the cargo he did carry even though he didnt carry all of it he did carry it at the right ton

Question 4

Sumpter V Hedges

Answer 4

Voluntary acceptance of part-performance - The defendant wasn’t choosing to except the partial performance but he has no other choice but to hire more people to finish the job but the builder could claim for the use of his materials that the defendant used

Question 5

Hoeing V Isaacs

Answer 5

Substantial performance - The work was fully completed although there were a few defects but this wan’t enough to not pay so the claimant could claim the money from doing the work but minus the cost to fix the work not finished enough

Question 6

Bolton v Mahadeva

Answer 6

There wasn’t substantial enough work done to be able to claim anything for it