Breach of Contract Flashcards
Advance payments can be kept if some of the work is completed
Cutter v Powell
Doctrine of Complete Performance
Cutter v Powell
A party has to perform their obligations when the other party has performed their part of the contract.
Performance must be precise and exact
Exception:
Can recover damages (including lost profit) for wrongful prevention of performance by the other party
Robinson v Harman
Quantum meruit
A reasonable amount for the work done
Planche v Colburn
Exception:
Voluntary acceptance of partial performance by the other party
Sumpter v Hedges
Exception:
Substantial performance
Work is finished but defective
Substantial performance
Where defects are slight,
contract will be substantially performed so remedy will be cost of cure
Hoenig v Isaacs
Cost of cure was 1/14 of total contract price
Substantial performance
Where defects are extensive
contract will not be substantially performed
Bolton v Mahadeva
Cost of cure was 1/3 of total contract price
Exception:
Divisible obligations
Parties have agreed payments for a distinct part or stage of the work
Discharge by Agreement
Three elements of contract required for agreement to be binding
Damages Available for Breach
Damages Restitution Restitutionary Damages Action for an agreed sum Specific Performance Injunction
Experience Hendrix v PPX
Restitutionary damages where claimant has legitimate interest to restrict defendant’s behaviour
Attorney General v Blake
Spy Book case, full account of profits gives
