discharge by performance/breach

Question 1

strict rule of performance and cases

Answer 1

exact performance - payment cannot be claimed unless performance is both complete (Cutter v Powell) and exact (Re Moore)

Question 2

principle from Taylor v Webb?

Answer 2

exception to strict rule is divisible contracts where each part is seen as a divisional obligation

Question 3

principle from Bolton v Mahadeva?

Answer 3

substantial performance will not apply where there is no real benefit from the contract or the work is dangerous

Question 4

principle from Hoenig v Isaacs?

Answer 4

an exception to the strict rule is when a contract may have been substantially preformed

Question 5

principle from Sumpter v Hedges?

Answer 5

exception to strict rule where there is a voluntary exception of partial performance

Question 6

principle from Charles Rickards v Oppenheim?

Answer 6

where time is a condition of the contract late performance will be a repudiatory breach (breach of condition), a party must give reasonable notice that the other has to preform in a reasonable amount of time

Question 7

principle from Planche v Colburn?

Answer 7

where a party to a contract prevents the other party from carrying out obligations

Question 8

what are the 2 types of breach?

Answer 8

anticipatory breach
actual breach

Question 9

what is actual breach and case?

Answer 9

where a party fails to preform their obligations
Pilbrow v Pearless De Rougemont

Question 10

what is anticipatory breach and case?

Answer 10

the other party can sue for breach straight away, no need to wait until performance is due
Avery v Bowden