Performance and Breach

Question 1

Ritchie v Atkinson

Answer 1

Entitled to price per tonne delivered so far, divisible contract

Question 2

Hoenig v Isaacs

Answer 2

Decorating substantially performed, minus sum for small repairs

Question 3

Bolton v Mahadeva

Answer 3

Boiler installation only partly performed as so many repairs needed

Question 4

Sumpter v Hedges

Answer 4

Finishing builder’s work not same as consenting to part performance

Question 5

Planche v Colburn

Answer 5

D stopped C finishing book, so had to pay C a fair sum for work done til then

Question 6

Charles Rickards v Oppenheim

Answer 6

Deadline for finally delivering car meant time was of the essence

Question 7

Union Eagle v Golden Achievement

Answer 7

Time was of the essence so 10 mins late was still a breach of condition

Question 8

Cutter v Powell

Answer 8

Death stopped voyage being complete so contract not performed exactly!

Question 9

Hochester v de la Tour

Answer 9

Could’ve sued when told he wasn’t needed, or wait until job due to start

Question 10

Section 20 CRA

Answer 10

Short-term right to reject goods

Question 11

Section 22

Answer 11

Return within first 30 days

Question 12

Section 23

Answer 12

Right to repair or replace goods

Question 13

Section 24

Answer 13

Right to price reduction or final right to reject goods