performance

Question 1

definition

Answer 1

where all parties have satisfied the contract by performing their duties- the contract will end

Question 2

strict rule: CUTTER v POWELL

Answer 2

performance must be complete and exact tp fulfil the contract

Question 3

exceptions to strict rule

Answer 3

prevention of full performance, acceptance of part performance, divisible contracts, substantial performance

Question 4

prevention of full performance PLANCHE v COLBURN

Answer 4

if one party prevents the other from carrying out his contract

Question 5

acceptance of part performance SUMPTER v HEDGES

Answer 5

if one party has agreed the other party need not complete the entire contract then can claim for work done, agreement must be specifically acknowledged and gained without pressure, if innocent party has no choice but to take benefit of work done, not consent to part performance

Question 6

divisible contracts RITCHIE v ATKINSON

Answer 6

where a contract can be seen as being separate parts non completion of one part is not a breach of the whole contract

Question 7

substantial performance HOENIG v ISAACS

Answer 7

party has done substantially what was required under the contract there must be payment for what has been done

Question 8

side rule: time

Answer 8

UNION EAGLE v GOLDEN ACHIEVEMENT consider whether time of performance is condition or warranty