Discharge (Paper 3-Section A Topic 7) Flashcards
What is meant by discharge of contract?
The main obligations of the contract have to come to an end
Name the 3 ways a contract can be discharged without the parties fulfilling their obligations
By performance
By frustration
By breach
What does the strict rule state for discharge by performance?
The performance must be completed and exact
Give the held of: Cutter v Powell
She was entitled to nothing because he agreed to work the entire voyage so his work wasn’t complete
Give the held of: Re Moore and Landauer
C was able to reject the tins he ordered as they were not packed in sixes
Name the 4 ways the strict rule can be avoided by performance
Prevention of full performance
Acceptance of part performance
Divisible contracts
Substantial performance
What is quantum merit?
The party can claim for the work they did even though the o ligations hasn’t been fulfilled as agree
Give the held of: Planche v Colburn
Author was able to recover a fee for his work done
Describe the law on acceptance of past performance
Has to be consent for this to apply-free from pressure
Not consent of the innocent party has no option but to take the benefit of the work done
Give the held of: Sumpter v Hedges
They did not consent to the builders part performance so he wasn’t entitled to any payment
Describe divisible contracts
Contracts have separate parts
Must be clearly divided
Non-completion of one part doesn’t breech entire contract
Give the held of: Richie v Atkinson
Ship owner entitled to get paid for cargo carried but he had to pay damages for breach of contract as he didn’t carry entire cargo
Describe substantial performance
Party has “substantially” done enough
Payment must be completed for appropriate work done
Give the held of: Darkin & Co. v Lee
Builders were entitled to the money for the work they’ve done
Give the held of: Hoeing v Isaacs
Decorator was entitled to be paid for what he had done on a quantum merit basis