performance

Question 1

what is the strict rule of performance

Answer 1

performance can end(repudiate) a contract.The strict rule is performance must be complete and exact
(cutter v powell)

Question 2

what are the 4 different ways performance may not end a contract

Answer 2

divisible contracts
substantial completion
a party accepting part performance
a party preventing performance

Question 3

divisible contracts

Answer 3

they have seperate obligations so one part being completed is not a breach of the whole contract(taylor v webb)(richie v atkinson) enitled to payment for what has been done unless it ruins the benefit and purpose of the contract

Question 4

substantial performance

Answer 4

when there has been substantial perfromance of the contract and the purpose isnt ruined then the party is entitled to what has been done.This is judged on a case to case basis (hoeing v isaacs)

Question 5

accepts part performance

Answer 5

if it has been communicated between parties that part performance is accepted then they are entitled to payment for the part performance( sumpter v hedges)

Question 6

prevention

Answer 6

if performance of the contract is prevented by a party then the innocent party is entitled to payment for work or time wasted ( planche v colburn)

Question 7

what are the rules on time

Answer 7

If the date/time of completion is specified in the contract this is treated as a condition so failure to do so is a breach(topalison v rolls royce) Remedies= repudation or damages
If not specified= expeceted to be completed by a reasonable time and is an innominate term (astea v time ltd)
can also give reasonable noticed of a completioN date after creation of the contract. Late performance is a breach of an innominate term and repudation depends on severity of consequences.