Peformance Flashcards
What can performance do to a contract ?
Performance can discharge (end) a contract.
What is the strict rule of performance + cases ?
It must be complete and exact as in CUTTER v POWELL, RE MOORE and LANDAUER.
What is the first exception where the strict rule does not apply + cases ?
For a divisible (severable) contract - a contract that has separate obligations , non-completion of one part isn’t a breach of the whole contract ( RITCHIE v ATKINSON, TAYLOR v WEBB) unless non-completion removes all benefit of the contract i.e. ruins the contract.
What is the second exception where the strict rule does not apply ?
If a party has carried out a substantial part of what was required under the contract , he is entitled to payment for that part , unless part performance removes all benefit of the contract i.e. ruins the contract.
What is considered on a case to case basis for the second exception + cases ?
“Substantial” is considered on a case to case basis ( HOEING v ISSACS, BOLTON v MAHDEVA ).
What is the third exception where the strict rule does not apply + cases ?
If a party accepts part performance of a contract , through a specific acknowledgment , the other party is entitled to payment of what he has performed ( SUMPTER v HEDGES , ROBERT v HAVELOCK ) .
What is the fourth exception where the strict rule does not apply + cases ?
If a party prevents the other party from carrying out performance , the innocent party is entitled to a payment for any wasted work ( PLANCHE v COLBURN ) .
What is the fifth exception where the strict rule does not apply + cases ?
There are specific rules on time of performance ( UNION EAGLE v GOLDEN ACHIEVEMENT , MACDONALD v STARTUP ). If a time or date is specified within the contract , it will be a condition of the contract ( TOPALLSON v ROLLS ROYCE ).
What is the remedy for the fifth exception ?
The remedy for which is repudiation and/or damages.
What if no date or time is specified + case ?
Where no date or time is specified , it must be completed within a reasonable time, and so this will be an innominate term ( ASTEA v TIME LTD ).
What may parties also be able to give in the fifth exception + case ?
Parties may also be able to give “reasonable notice” of the requested completion date after the contract has been created , as in CHARLES RICKARD v OPPENHEIM.
What is late performance otherwise ?
Otherwise, late performance is breach of an innominate term and repudiation depends on the severity of consequences.
