Week 8 - Performance

Question 1

Define performance

Answer 1

A way a contractual obligation may be discharged - In general, parties in a bilateral contract must fully carry out what they agreed

Question 2

What is the first exception to the performance rule?

Answer 2

If the contract is severable/divisible, it’s possible to allocate a price to those parts

Question 3

What is the second exception to the performance rule?

Answer 3

If someone had ‘substantially’ performed their obligations - the defects/left over work did not go to the heart of the contract

Question 4

What is the third exception to the performance rule?

Answer 4

Acceptance of partial performance - FREELY accepted aka not imposed on the buyer

Question 5

What is the fourth exception to the performance rule?

Answer 5

Prevention of performance e.g party became ill or should be compensated for work even if other party cancels project