Performance

Question 1

Cutter v Powell

Answer 1

performance can discharge (end) a contract, the strict rule is that performance must be complete and exact

Question 2

Ritchie v Atkinson

Answer 2

1) for a divisible (severable) contract: where the c has separate obligations, non-completion of one part is not a breach of the whole c
- entitled to payment for work done, unless non-comp removes all benefit from the c

Question 3

Dakin v Lee

Answer 3

2) if a p has carried out a substantial part of what was req in c
- entitled to payment for that part, unless the part perf removes all benefit
- ‘substantial’ is considered on a case to case basis

Question 4

Sumpter v Hedges

Answer 4

3) if a p accepts part perf of a c, through a specific acknowledgement
- the other p is entitled to payment of what he has perf

Question 5

Planche v Colburn

Answer 5

4) if a p prevents the other from carrying out performance, the innocent party is entitled to payment for any wasted work

Question 6

Union Eagle v Golden Achievement

Answer 6

5) if a time/date is specified within c, will be a condition of the c. failure to meet that deadline will result in breach of c
- where no time/date is spec, it must be completed within a r time

Question 7

Checklist

Answer 7

• strict rule (CvP)
• divisible (RvA)
• substantial part (DvL)
• accepts part (SvH)
• p prevents (PvC)
• time/date (UEvGA)

Question 8

performance can discharge (end) a contract, the strict rule is that performance must be complete and exact

Answer 8

Cutter v Powell

Question 9

1) for a divisible (severable) contract: where the c has separate obligations, non-completion of one part is not a breach of the whole c
- entitled to payment for work done, unless non-comp removes all benefit

Answer 9

Ritchie v Atkinson

Question 10

2) if a p has carried out a substantial part of what was req in c
- entitled to payment for that part, unless the part perf removes all benefit
- ‘substantial’ is considered on a case to case basis

Answer 10

Dakin v Lee

Question 11

3) if a p accepts part perf of a c, through a specific acknowledgement
- the other p is entitled to payment of what he has perf

Answer 11

Sumpter v Hedges

Question 12

4) if a p prevents the other from carrying out performance, the innocent party is entitled to payment for any wasted work

Answer 12

Planche v Colburn

Question 13

5) if a time/date is specified within c, will be a condition of the c. failure to meet that deadline will result in breach of c
- where no time/date is spec, it must be completed within a r time

Answer 13

Union Eagle v Golden Achievement