preformance

Question 1

definition

Answer 1

where all parties have satisfied the contract by preforming their duties, the contract will end

Question 2

what is the strict rule and case

Answer 2

performance must be complete and exact to fulfil the contract
meaning the performance must match the obligations within the contract, so you have to do what you said you were going to do in the contract (CUTTER V POWELL)

Question 3

1st exception

Answer 3

prevention of full performance
if one party prevents the other from carrying out his contract ( PLANCHE V COLBURN )

Question 4

2nd exception

Answer 4

acceptance of part performance
if one party has agreed the other party need not complete the entire contract, then you can claim for the part done
agreement must be specifically acknowledged and gained without pressure, and if the innocent party has no option but to take the benefit of the work done, this is not considered consent to PP ( SUMPTER V HEDGES)

Question 5

3rd exception

Answer 5

divisible contracts
where a contract can be seen as being separate parts
non completion of one part is not a breach of the whole contract ( ritchie v atkinson )

Question 6

exception 4

Answer 6

substantial performance
if a party has done substantially what was required under the contract
there must be payment for what has been done ( HOENIG V ISAACS

Question 7

Side rule Time

Answer 7

Consider whether time of performance is a condition or a warranty in the contract
( union eagle v golden achievement )