performance and breach Flashcards
what is the general rule for discharge by performance?
once contract complete, all conractual obligations come to an end
Re Moore & co and Landauer & co [1921]
buyer entitled to reject goods as they were not as described
Arcos v EA Ronaasen [1933]
buyers entitled to demand goods answering description in contract and not bound to accept goods tendered just because they were merchantable under the description.
general rule for partial provision of service
party cannot recover payment for partial performance of en entire obligation.
Cutter v Powell [1775-1802]
part performance key case.
divisible contracts/obligations
there needs to be substantial performance for the party to be entitled to payment.
Bolton v Mahadeva [1972]
Bolton not entitled to payment as there wasnt substantial performance. not enough gor contract to be divisible and point to specific provisions he fulfilled.
Non performance due to other party
recovery on quantum meruit basis - Planche v colborn [1831]
acceptance of part performance
party can sue on quantum meruit basis. only applies if party has no choice but to accept. Sumpter v hedges [1898]
Sumpter v Hedges [1898]
where there is contract to do work for lump sum, until the work is completed, price of it cant be recovered.
substantial performance
where there is only a minor variation from the terms, the other party cannot claim discharge.
Hoenig v Issacs [1952]
tender of performance
complete performance within the specific parameters
startup v macdonald [1843] - although late, they were tendered in the agreed period.
standard of performance
arcos v ronaasen [1933] - CRA 2015 - goods must be of satisfactory quality.
long term contract breach
rice v great yarmouth borough council [2001]
anticipatory breach
hochester v de la tour [1853]
