Performance

Question 1

What is performance? including cases

Answer 1

Performance can discharge (end) a contract. The strict rule is that performance must be complete and exact.

(Cutter v Powell, Re Moore and Landauer)

Question 2

What is the rule for divisible (severable) contracts? including case

Answer 2

non-completion of one part is not a breach of the whole contract, and the party is entitled to payment for the work done unless non-completion removes all benefit from the contract.

(Ritchie v Atkinson, Taylor v Webb)

Question 3

What happens if a party has carried out a substantial part of the contract? including case

Answer 3

If a party has carried out a substantial part of what was required, he is entitled to payment for that part unless it removes all benefit from the contract.

(Hoeing v Isaacs, Bolton v Mahadeva)

Question 4

What occurs if a party accepts part performance of a contract? including case

Answer 4

If a party accepts part performance through specific acknowledgment, the other party is entitled to payment for what he has performed.

(Sumpter v Hedges, Roberts v Havelock)

Question 5

What is the entitlement if one party prevents the other from performing? including case

Answer 5

the innocent party is entitled to payment for any wasted work.

(Planche v Colburn)

Question 6

What are the specific rules regarding time of performance? including case

Answer 6

specific rules on time of performance. If a time or date is specified within the contract, it will be a crucial factor.

(Union Eagle v Golden Achievement, Macdonald v Startup)

Question 7

What is the remedy for breach of condition of the contract?

Answer 7

repudiation and/or damages.

Question 8

What happens when no date or time is specified in a contract? including case

Answer 8

It must be completed within a reasonable time, making it an innominate term.

(Astea v Time Ltd)

Question 9

what does the case of charles rickard v oppenheim set out?

Answer 9

parties may give ‘reasonable notice’ of the requested completion date after the contract has been created.

(Charles Rickard v Oppenheim)

Question 10

What is the consequence of late performance in a contract?

Answer 10

Late performance is a breach of an innominate term, and repudiation depends on the severity of consequences.