Performance

Question 1

4 ways a contract comes to a conclusion

Answer 1

1) All parties perform according to the Contract
2) Parties agree by deed to abandon and discharge
3) By Operation of Law (duress, frustration etc.)
4) By Breach of Contract

Question 2

Strict Liability

Answer 2

Sale of goods contracts impose a strict standard of performance with regards to quality and quantity

Arcos v Ronasen

Question 3

Reasonable Care and Skill

Answer 3

Supply of goods and Services Act:
Implied term that services need to be carried out with reasonable care and skill and within a reasonable time for a reasonable price

Question 4

Must perform Precise

Answer 4

The parties need to perform all the terms of the contract precisely in order to discharge all obligations:
Re Moore & Landauer

Question 5

Divisible contracts

Answer 5

-Clause in contract can be stated to need whole performance

Clauses in contracts can also set off and divide performance of one party against another

Roberts v Havelock

Question 6

Quantum Meruit

Answer 6

If performance is prevented by other party to a contract (obtain what one has earned)

Planche v Colburn

Question 7

Substantial Performance

Answer 7

If 1 party performs nearly all of the contract obligations and has deviated minority they can get paid for work done but court will Defect costs

Dakin v lee

Question 8

Contract can go away by Agreement Bilaterally

Answer 8

1) Accord and Satisfaction: termination of contract by deed
2) Rescission and substitution: old contract for new one
3) Variation: agree to change terms
4) Waiver: 1 party accepts less than complete performance