discharge by performance

Question 1

What does it mean for a contract to be discharged by performance?

Answer 1

• both parties have done what they said they would
• performance must be complete and exact

Question 2

Cutter v Powel

Answer 2

idk ask gigi

Question 3

What are some exceptions?

Answer 3

prevention of full performance - if someone prevents the other from performing their part, the innocent party can claim on a quantum merit basis

Question 4

What is a quantum merit basis?

Answer 4

the amount it is worth when not stipulated in the contract
Planche v Colburn - example

Question 5

What is a severable contract?

Answer 5

When a contract as severable parts, a breach of one part does not breach the whole contract

Question 6

Ritchie v Atkinson

Answer 6

Example of severable contract
- Set a price for cargo being delivered, only was able to deliver some, got paid for what they did

Question 7

wHAT iS substantial performance

Answer 7

when courts agree that the act was almost complete.
there must be an appropriate amount paid to what has been done

Question 8

Dakin & Co v Lee

Answer 8

amount of entire contract, minus the money used to finish or fix what was incorrect
- subjective (no set definition of substantial)

Question 9

Define acceptance of part performance

Answer 9

if one party has agreed that the other party need not complete the entire contract must be paid on a quantum merit basis

Question 10

Sumpter v Hedges

Answer 10

example case of acceptance of part performance.
Competing work without choice is not considered acceptance of part performance

Question 11

What is the effect of time on a contract

Answer 11

the courts regard time as a condition if:
> in the circumstances time for completion of the contract is critical
> one party has failed to perform on time and other has insisted on a new date for completion of the contract