Discharge - Performance Flashcards
What is the strict rule regarding discharge in performance?
Complete performance of all obligations
This rule implies that a party must fulfill all terms of the contract to be discharged from their obligations.
What was the outcome of the case Cutter v Powell
Performance not complete; claim for wages denied
The court ruled that the deceased’s performance of obligations was incomplete.
In Arcos ltd v E A Ronaasen + son, what specific issue arose?
Sixteenths of an inch off size of the appliance
This case highlights the importance of exact specifications in contracts.
What was the ruling in ReMoore + Co v Landaver + Co regarding incorrect amounts?
Incorrect amount in each container; correct measure needed
The case underscores the necessity for accuracy in contractual obligations.
According to Reardon smith Line ltd v Hansen-Tangen
cannot accept repudiation based on mere technicality
This case emphasizes that parties cannot easily avoid obligations due to minor issues.
What is one way to avoid strict rules regarding performance?
Acceptance of part performance
This refers to situations where a party acknowledges partial fulfillment of obligations.
What was the outcome of Sumpter v Hedges?
Builder awarded value for materials left on land
The case illustrates the principle of compensation for materials even when full performance is not achieved.
Define substantial performance in contract law.
Completion of all work except for minor defects
Substantial performance allows for recovery despite minor non-compliance.
What was the decision in Daken + Co v Lee regarding careless work?
Sue for price of work completed despite some carelessness
The court recognized that substantial performance allows for recovery even with defects.
What was determined in Hoeing v Isaacs about payment after defects?
Refused payment remaining after defects of bookcase; substantial performance claimed
This case reinforces the concept of substantial performance in contract disputes.
In Bolton v Manadera, what was the issue with the electrical contractor?
Faulty heating; not substantial performance
The contractor’s failure to meet essential standards prevented a claim for substantial performance.
What principle was established in Planche v Colburn regarding prevention of performance?
Author could recover fee for work abandoned due to prevention
This case illustrates that a party may be compensated for work done even if the contract was not fulfilled due to external circumstances.
What was the outcome of Startup v Macconala regarding delivery refusal?
Buyer refused delivery at 8:30 pm Saturday; recovery of damages allowed
This case highlights the rights of parties in contractual obligations regarding delivery times.
What are the conditions under which time of performance is considered essential?
When expressed or circumstances show time is critical
Time being of the essence allows for repudiation if one party fails to perform on time.
What must be complied with if one party has already failed to perform?
Other party must confirm performance within specific time
This requirement ensures that obligations are maintained even after a failure to perform.
