Discharge - Performance

Question 1

Cutter v Powell rule

Answer 1

A contract wont be discharged until all obligations are performed. This is a harsh rule so the court has developed exceptions to the rule

Question 2

Divisible (Severable) Contracts

Answer 2

When the court feels a contract was not one, but a series of contracts - Ritchie v Atkinson

Question 3

Acceptance of part performance

Answer 3

When a party accepts what has been done so far, even if it is a partial performance , they will have to pay theother party for their work - Supter v Hedges

Question 4

Substantial performance

Answer 4

Even if not all the obligations of the conract are complete if they have substantially done what was requried of them then they have pefromed the contract - Heing v Isaacs

Question 5

Prevention of performance

Answer 5

If one prevents another, the strict rule does not apply adn the party tryign to perform may claim for damages - Planche v Colburn

Question 6

Time of the essence (3 times it will be)

Answer 6

Contract implies that it is

Where one party ahs failed to perform a contractual obligation, they can now say time is off the essence

Surrounding circumstances show that it is (perishable goods)

Question 7

Time of performance

Answer 7

If it is of the essence - Innocent party can treat contract as repudiated

If it is not of the essence - then they can only claim for damages