Performance

Question 1

What is Discharge by Performance?
- cases

Answer 1

Performance must be complete/exact to discharge contract
- Cutter v Powell

Question 2

Why are there exceptions to discharge by performance rule?
What are the exceptions?

Answer 2

Since it’s a harsh rule
- Severable contracts
- Substantial performance
- Tender of performance
- Party accepts part performance
- Delayed performance

Question 3

Explain Severable contracts

Answer 3

If contract has several parts, then non completion of one part is not breach of contract
- Ritchie v Atkinson

Question 4

Explain Substantial Performance

Answer 4

Most of the contract has been performed (substantial amount)
- Dakin v Lee

Substantial left for court to decide

Question 5

Explain Tender of Performance

Answer 5

One party prevent other from performing the contract
- Planche v Colburn

Question 6

Explain One party accepts part performance

Answer 6

One party agree that other party need not complete entire contract
- Sumpter v Hedges

Question 7

Explain Delayed Performance

Answer 7

Is time of the essence?
Default position is that time is an innominate term unless contract expressly states that ‘Time is of the essence’
- Charles Rickards v Oppenheim