ELEMENT 9 : DISHCARGE Flashcards
1
Q
Hoenig v Isaac
A
- contract redecoration fee 750 pounds
- there was a defect 55 pounds
- refuse to pay
- held should payment should be made subject to minor defects.
SUBSTANTIAL PERFORMANCE
2
Q
Bolton v Mahadeva
A
- contract to install central heating
- cost 560 pounds
- defects 174 pounds
- held contract had not substantially performed (unreasonable as to what considered enough for defects or not)
SUBSTANTIAL PERFORMANCE
3
Q
Sumpter v Hedges
A
- Contracted to build 2 houses for 565 pounds
- abandoned for 333 pounds
- cannot recover payment as the other had not accepted this
PART PERFORMANCE
4
Q
Planche v Colburn
A
- Publisher wanted to claim for the work he has done so far on the series despite it being discontinued
PREVENTION OF PERFORMANCE
5
Q
Robinson v Sharpe and Drummond
A
- D hired a carriage from S for 5 years.
- S retired and assigned business to R
- Contract between D and S are personal
- D could reject performance offer by R
VICARIOUS PERFORMANCE
6
Q
Ritchie v Atkinson
A
- C agreed to carry a specified quantity of iron and hemp
- hemp : 5 dollars per ton hemp
- iron : 5 shillings per ton iron
- payment should be made for the parts of contracts delivered
DIVISIBLE CONTRACTS
7
Q
Rickards v Oppenheim
A
- car was not delivered in a specified time
- cancel the order
- there has been a final notice in time
TIME OF PERFORMANCE
8
Q
Robinson v Harman
A
- D agreed to grant lease to C
- C prepared for the lease and claimed an expectation loss of 200 pounds
- C was put back in the position as if it was enforce
DISCHARGE BY CONTRACT (ACTUAL BREACH)
9
Q
Hochester v De La Tour
A
- a travel operator announced in advance that he would not be fulfilling his contract
DISCHARGE BY CONTRACT (ANTICIPATORY BREACH)
10
Q
Frost v Knight
A
- a party stopped himself from carrying out a promise, by marrying another person.
DISCHARGE BY CONTRACT (ANTICIPATORY BREACH)
11
Q
Taylor v Caldwell
A
- music hall was hired for 4 days
- a day cost 100 pounds
- got burned down
- contract had become frustrated and impossible to perform
DISCHARGE BY FRUSTRATION ( IMPOSSIBILITY OF PERFORMANCE )
12
Q
Avery v Bowden
A
- contract to supply goods to Russia
- crimean war broke out
- contract was frustrated due to illegal trade with the enemy country
13
Q
Krell v Henry
A
- booked a private room to watch Edward VI coronation in 1902 overlooking Pall Mall
- coronation didn’t take place
- contract was frustrated
DISCHARGE OF FRUSTRATION
(CHANGE OF CIRCUMSTANCES MAKING THE PERFORMANCE POINTLESS)
