LAW P3 CONTRACT CASES (DISCHARGE)

Question 1

What is the case for discharge by performance exception (severable contracts)

Answer 1

Ritchie v Atkinson, the claimant is entitled to payment for the amount supplied

Question 2

What is the case for discharge by performance exception (substantial performance)

Answer 2

Hoeing v Isaacs, the claimant had substantially performed the contract and was therefore entitled to the contractually agreed price minus the cost of the defects

Question 3

What is the case for discharge by performance exception (acceptance of partial performance)

Answer 3

Sumpter v Hedges, the defendant had no choice but to accept partial performance as he was left with a half completed house on his land

Question 4

What is the case for discharge by performance exception (tender of performance)

Answer 4

Startup v Macdonald, the claimant had tendered performance within the agreed contractual period and was thus entitled to damages for non acceptance

Question 5

What is the case for discharge by performance exception (performance prevented by the promisee)

Answer 5

Planche v Colburn, the claimant was entitled to recover £50 because the defendant had prevented the performance

Question 6

What is the case for discharge by agreement (satisfaction)

Answer 6

Williams v Roffey, consideration must be provided to end a contract

Question 7

What is the case for discharge by breach (anticipatory breach)

Answer 7

Hochester v de la tour, the court held that D was liable for breach which removed Cs obligation to perform the contract

Question 8

What is the case for discharge by frustration (impossibility)

Answer 8

Taylor v Caldwell, a contract may become impossible to perform wher the subject matter is destroyed

Question 9

What is the case for discharge by frustration (illegality)

Answer 9

Spolka v Fairbairn, the contract was no longer possible to perform because of the supervening illegality

Question 10

What is the case for discharge by frustration (radical change)

Answer 10

Krell v Henry, cancellation of the procession deprived it of its commerical purpose

Question 11

What is the case for limits of frustration (foreseeable)

Answer 11

Amalgamated investment v john walker, a building was listed as ‘historic’ after a contract was signed but this was foreseeable

Question 12

What is the case for limits of frustration (self induced)

Answer 12

Maritime national fish v ocean trawlers, D caused the issue themselvges so could not claim frustration

Question 13

What is the case for limits of frustration (more difficult or expensive)

Answer 13

David contractors v Fareham UDC, the contract became harder to perform but frustration was not allowed