Discharge (Paper 3-Section A Topic 7) Flashcards

You may prefer our related Brainscape-certified flashcards:
1
Q

What is meant by discharge of contract?

A

The main obligations of the contract have to come to an end

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Name the 3 ways a contract can be discharged without the parties fulfilling their obligations

A

By performance
By frustration
By breach

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

What does the strict rule state for discharge by performance?

A

The performance must be completed and exact

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Give the held of: Cutter v Powell

A

She was entitled to nothing because he agreed to work the entire voyage so his work wasn’t complete

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Give the held of: Re Moore and Landauer

A

C was able to reject the tins he ordered as they were not packed in sixes

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Name the 4 ways the strict rule can be avoided by performance

A

Prevention of full performance
Acceptance of part performance
Divisible contracts
Substantial performance

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

What is quantum merit?

A

The party can claim for the work they did even though the o ligations hasn’t been fulfilled as agree

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Give the held of: Planche v Colburn

A

Author was able to recover a fee for his work done

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Describe the law on acceptance of past performance

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Give the held of: Sumpter v Hedges

A

They did not consent to the builders part performance so he wasn’t entitled to any payment

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Describe divisible contracts

A

Contracts have separate parts
Must be clearly divided
Non-completion of one part doesn’t breech entire contract

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Give the held of: Richie v Atkinson

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Describe substantial performance

A

Party has “substantially” done enough
Payment must be completed for appropriate work done

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Give the held of: Darkin & Co. v Lee

A

Builders were entitled to the money for the work they’ve done

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Give the held of: Hoeing v Isaacs

A

Decorator was entitled to be paid for what he had done on a quantum merit basis

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Give the held of: Bolton v Mahadeva

A

The builder was entitled to nothing as the contract wasn’t substantially performed

17
Q

Give the held of: Young v Thames Properties Ltd

A

Although the work was effective the contractors needed to be paid for the work done

18
Q

When is time seen as a condition in performance ?

A

In contract “time is off the essence”
Time is critical
Hasn’t performed on time so other party insisted on another date

19
Q

Give the held of: Union Eagle v Golden Achievement

A

Time was a condition to the contract so the seller successfully re updated the contract

20
Q

Give the held of: Charles Richards v Oppenheim

A

He was entitled to do so as time was of the essence

21
Q

What are the remedies available for discharge by performance?

A

Quantum merit
Repudiation
Specific performance
Damages

22
Q

What does the strict rule state about discharge by frustration?

A

A party was bound to perform their contractual obligation even if intervening act made it impossible

23
Q

Give the held of: Paradine v Jane

A

D was forced to pay rent although they couldn’t live in the property

24
Q

What does the currant law on discharge by frustration?

A

Frustration occurs if there is an unforeseeable intervening event which meant the contract cannot be performed

25
Q

Name the 3 types of frustrated contracts?

A

Impossible to complete
Illegal to complete
Radical change

26
Q

Contacts can be impossible to complete if…

A

Subject matter is destroyed
Subject matter is unavailable
If the person is unavailable

27
Q

Give the held of: Taylor v Caldwell

A

The contract was frustrated as the hall was destroyed

28
Q

Give the held of: Jackson v Union Marine Insurance

A

The contract was frustrated as the ship was unavailable

29
Q

Give the held of: Condor v The Baron Knights

A

The drummer of the band became ill so the contract was frustrated

30
Q

Give the held of: Denny, Mott & Dickinson Ltd v James B. Fraser & Co. Ltd

A

Importing certain types of timber became illegal so the contract was fristrated

31
Q

Give the held of: Krell v Henry

A

The contract was frustrated as the main purpose of the booking of the room was to watch the coronation procession

32
Q

When can frustration not apply?

A

Self induced
Contract is less profitable/more difficult to complete
Foreseeable event

33
Q

Give the held of: Maritime National Fish Ltd v Ocean Trawlers Ltd

A

It was self induced as the party could have used a lisence for a hired boat

34
Q

Give the held of: David Contractors v Farnham

A

Contract wasn’t frustrated when price of materials increased beyond anticipation