Performance

Question 1

Cutter V Powell, Re Moore and Landauer

Answer 1

-performance can discharge (end) a contract, the strict rule is that performance must be complete and exact

Question 2

Ritchie v Atkinson, Taylor v Webb

Answer 2

-For a divisible (severable) contract: where the c has separate obligations, non-completion of one part is not a breach of the whole c
-unless non-completion removes all benefit from the c
-Here…

Question 3

Hoeing v Isaacs, Bolton v Mahadeva

Answer 3

-If a party has carried out a substantial part of what was req in c
- entitled to payment for that part, unless the part perf removes all benefit
- ‘substantial’ is considered on a case to case basis
-Here…

Question 4

Sumpter v Hedges, Roberts v Havelock

Answer 4

-If a P accepts part perf of a C, through a specific acknowledgement, the other party is entitled to payment of what he has performed.
-Here…

Question 5

Planche v Colburn

Answer 5

-Where a P prevents the other from carrying out perf, innocent party is entitled to payment for wasted work
-Here…

Question 6

Union Eagle v Golden Achievement, Macdonald v Startup

Answer 6

-There are specific rules on time of performance

Question 7

Topallson v Rolls Royce

Answer 7

-If a time or date is specified within the contract, it will be a condition of the contract.
-The remedy for which is repudiation and/or damages.

Question 8

Astea v Time Ltd

Answer 8

-Where no date or time is specified, it must be completed within a reasonable time, and so will be an innominate term

Question 9

Charles Richard v Oppenheim

Answer 9

-Parties may also be able to give “reasonable notice” of the requested completion date after the contract has been created
-Otherwise, late performance is breach of an innominate term and repudiation depends on the severity of consequences
-Here…