Discharges- performance Flashcards
What must the performance be
Complete and exact, any aspects not performed will cause liability for breach of contract
What is the case for performance must be complete and exact
Cutter v Powell
What was complete and exact considered to be, and what was done to help this
Considered harsh, common law developed circumstances where although there was not a complete and exact performance, party may not be in breach
What were the 4 circumstances where failure to have complete/exact performance wasn’t regarded as a breach
- divisible contracts
- substantial performance
- prevention of full performance
- acceptance of part performance
Explain divisible contracts and the relevant damages
Contract can be divided into separate parts, d may only be liable for non complete parts,
D receives pay for parts completed but pays damages for what’s not performed
What was the case for divisible contracts
Ritchie v Atkinson
Explain substantial performance and the relevant damages
Where the d performs substantial amount of obligations
If c made full payment their entitled to damages in respect of work not completed
What case was used for substantial performance
Hoenig v Isaac’s
Explain prevention of full performance and the relevant damages
One party prevents other party from completing duties
Damages in respect of work already completed
What case was used for prevention of full performance
Planche v colburn
Explain acceptance of part performance and the relevant damages
Parties agree that not all aspects of the contract have to be paid for
Payment only due for agreed aspects
What case was used for acceptance of part performance
Sumpter v hedges
