performance

Question 1

what is performance

Answer 1

if something is incomplete the contract will be discharged

Question 2

cutter v Powell

Answer 2

second mate on the ship. he died on the journey. wife tried to claim for his wages but as he didn’t complete the whole contract because he was dead they couldn’t claim.

Question 3

arcos v E A Ronaasen

Answer 3

wood was 1/16th inch too large so could reject the contract even though they could still be used

Question 4

Re Moore v landauer

Answer 4

tinned cans meant to be in crates of 30. came in crates of 24 even though had the same amount of tins. able to reject the goods

Question 5

how to avoid the strict rule

Answer 5

divisible contract, part performance, substantial performance, prevention of performance, tender of performance

Question 6

Taylor v Webb

Answer 6

premises lease for a tenant to rent. lease required the landlord to keep the premises. refused to pay rent. contract was divisible to lease the premises, to repair and to maintenance.

Question 7

sumpter v hedges

Answer 7

builder was hired to build 2 houses and a stable. builder ran out of money. unable to complete the work. builder was awarded the value of the materials.

Question 8

Dakin & co v lee

Answer 8

builder was bound by contract to complete major repair work. he completed all of the work. refused to pay as he was careless so was not complete. builder sued for his work minus his faulty work

Question 9

planche v Colburn

Answer 9

a publisher hired an author. the publisher decided to abandon the whole series. author was prevented from completing work. able to recover fees for him wasted work

Question 10

startup v MacDonald

Answer 10

contract was for 10 tonnes of linseed oil to be delivered by the end of march. delivered at 8:30 on the 31st march. refused to accept. seller was able to recover damages