Performance and breach

Question 1

Cutler v Powell

Answer 1

Harsh rule- performance must be fully and exactly completed or it is breach.

Question 2

Planche v Colburn

Answer 2

Prevention of full performance- One party stops the other from being able to finish. Damages can be claimed on a quantum merits basis. (not breached)

Question 3

Sumpter v Hedges

Answer 3

Acceptance of partial performance- Has to be voluntary, V can accept and pay for what has already been completed. (not breached)

Question 4

Richie v Atkinson

Answer 4

Divisible contracts- so breach does not effect the whole contract.

Question 5

Hoeing v Isaacs

Answer 5

Substantial performance- If majority is complete with minor defects, v will pay for work minus amount to fix defects. (not a breach)

Question 6

Bolton

Answer 6

Substantial performance- Shows 69% complete is not substantial.

Question 7

Union Eagle

Answer 7

“Time is of the essence”, is a condition (Look out for “deadlines”.

Question 8

Actual breach

Answer 8

Failure to perform obligations wholly or partially without lawful exceptions.

Question 9

Anticipatory breach

Answer 9

Indicates not performing in future without lawful exception, V can sue immediately or when breach happens (Hochster).