Time Flashcards
time in terms of discharge by performance
some contracts may specify a time for the contract to be performed (and so discharged) by. eg. buying a wedding dress that must be ready by a specified date. the courts may uphold this term when:
-the parties have expressly stated that time is a critical part of performance in the contract
-in the circumstance, time for completion of the contract is critical
-one party has failed to perform on time and the other has insisted on a new date for completion
Charles Rickards v Oppenheim
facts: the supplier failed to meet the agreed-upon deadline for car bodywork. The buyer initially waived their right to insist on timely completion but later refused the delayed work.
held: buyer’s waiver wasn’t permanent, denying the supplier’s claim for non-acceptance.
principle: Waiver of the right to timely performance isn’t permanent if the delayed performance is unacceptable.
Union Eagle v Golden Achievement
facts: the buyer terminated the contract after the seller’s delayed delivery and sued for breach.
held: the delay didn’t justify termination, and the seller’s subsequent sale wasn’t a breach.
principle: delay in delivery doesn’t always justify contract termination, especially if caused by factors beyond the seller’s control, and subsequent actions may not be considered a breach if the termination was unjustified.
rules in statute law for time and discharge of contract
s.52 of the CRA 2015- if there is no term specifying time, the contract must be performed within a reasonable time.
if the trader breaches this, the consumer has a right to a price reduction (s.54) and can still end the contract due to this breach.
