Performance

Question 1

What are the 3 ways In which a contract can end ?

Answer 1

Performance
Breach
Frustration

Question 2

What is discharge by performance

Answer 2

Where both parties fulfil the contract and do what they promised

Question 3

What is the case of cutter v Powell an example of ?

Answer 3

Performance of the contract must be complete and exact to discharge of contract

Question 4

What is the case of Ritchie v Atkinson an example of ?

Answer 4

Contracts can be divided into parts

Question 5

What is the case of Dakin v lee an example of ?

Answer 5

Substantial performance may be adequate in large contracts

Question 6

What is the case of Young v Thames properties an example of ?

Answer 6

Quantum meruit, where the contract price may be reflected how much work is done

Question 7

What is Planche v Colburn an example of ?

Answer 7

When one party prevents the other from carrying out the contract

Question 8

What do the courts consider when upholding the term of timeframes ?

Answer 8

Parties have expressly stated time is a crucial part of performance

In the circumstances time for completion of the contract is crucial

One party has failed to complete on time and new date from completion