Discharge / Termination

Question 1

Cutter v Powell 1795

Answer 1

Widow claimed for a proportion of her husbands wage after he died whilst working on a ship sea. The contract was to work for the entire voyage, so she was not entitled as voyage had not been completed

Question 2

Re Moore & Landauer 1921

Answer 2

Tinned Fruit was packed in wrong sized boxes.
Performance was not exact
Buyer was entitled to reject whole contract

Question 3

Boone v Eyre 1779

Answer 3

Doctrine allows the party who has preformed the contract with only minor defects to claim the price of work minus cost to repair.
ONLY applies to warranties and innominate terms

Question 4

Hoeing v Issacs

Answer 4

Decorator Charged £750 to redecorate room. there was £55 worth of minor defects.
Court held D had to pay £750 minus the £55

Question 5

Quantum Merit

Answer 5

As much as is deserved

Question 6

Sumpter v Hedges 1898

Answer 6

Building agreed to construct two houses, on Ds Lnad for £565,
Abandoded project after completing £333 of work. D had to complete buildings himself.
Court held builder was entitled to nothing as he gave D no choice by abandonment

Question 7

Ritchie v Atkinson

Answer 7

Agreement to carry cargo at price of £5 per ton, C only carried part of the agreeded quantity,
Court held as contract was severable as had agreed price per ton
C was entitled for amount carried

Question 8

Planche v Colburn

Answer 8

C had contract to write book for D for £100 upon completetion, D canclled book and refused to pay C even though he was almost done.
Court held C could recover £50 on a quatum merit basis

Question 9

Davies v Collins

Answer 9

Contract to clean uniform specified “every care will be exercised”
Court held that that will prohibt by implication Vicarious Liability
NOT DISCHARGED

Question 10

Charles Rickards v Oppenhiem 1950

Answer 10

Oppenheimer ordered a Rolls-Royce Chassis from Richards - agreed would take 6/7months.
After that O gave notice that unless CR delviered within 4 weeks he would cancel the order
COurt held was entitled to as he made CR aware time was of the essence

Question 11

Union Egale v Golden

Answer 11

Contract of Sale of Flat, time of completion was specified for 5pm and expressly stated to be of the essence. Purchaser delivered price at 5:10 - Lost deposit.

Question 12

Agreement to Discharge

Answer 12

Whats created by agreement can be discharged by agreement

Question 13

Bilateral Discharge

Answer 13

Where the consideration on both sides is yet to be completed, both sides can agree not to enforce their rights.

Question 14

Pilbrow v Pearless

Answer 14

Client phoned firm and asked to speak to solicitor, case was concluded an legal costs reached £2,600. Only after seeing bill, did client leaern that peson who carried out work was not a solicitor
Breach absolved him of any obligation to pay

Question 15

Abramova v Oxford Institute of Legal Practice

Answer 15

C failed her final solicitors exam, she brought a claim for breach of contract in realtion to the education she recived.
Court held held thre was no breach

Question 16

Hochester v De la Tour 1953

Answer 16

De la Tour entered into agreement employing Hochester as a courier and to acompany him to Europe. Prior to departure, De la Tour informed Hochester that they no longer required his services. Hochester sued for anticpatiory breach
COurt held that there was breach and awared damages