LAW P3 CONTRACT CASES (Discharge by performance)

Question 1

What is the case for discharge by performance exception (severable contracts)

Answer 1

Ritchie v Atkinson, the claimant is entitled to payment for the amount supplied

Question 2

What is the case for discharge by performance exception (substantial performance)

Answer 2

Hoeing v Isaacs, the claimant had substantially performed the contract and was therefore entitled to the contractually agreed price minus the cost of the defects

Question 3

What is the case for discharge by performance exception (acceptance of partial performance)

Answer 3

Sumpter v Hedges, the defendant had no choice but to accept partial performance as he was left with a half completed house on his land

Question 4

What is the case for discharge by performance exception (tender of performance)

Answer 4

Startup v Macdonald, the claimant had tendered performance within the agreed contractual period and was thus entitled to damages for non acceptance

Question 5

What is the case for discharge by performance exception (performance prevented by the promisee)

Answer 5

Planche v Colburn, the claimant was entitled to recover £50 because the defendant had prevented the performance