Performance Flashcards
Cutter v Powell
Performance of the contract was not exact and entire.
Entire obligation must be performed completely and in its entirely.
Hoenig v Isaacs
Entire obligation has been performed except for a few minor details, the contract will be considered enforceable, subject to the minor defects.
Contract fee £750 . Cost of remeying defects was just over £55
Contract had been performed, payment should be made subject to the cost of the minor defects.
Bolton v Mahadeva
Contract fee was £560 > Cost to rectify were £174
The contract had not been substantially performed.
Sumpter v Hedges
The aggrieved party can accept part performance of an entire obligation, if it is a matter of actual choice.
Contract to build 2 houses and stables for £565 on the defendant’s land > Contract was abandoned after work done to the value of £333
Claimant could not recover money as the other party has not accepted this, and part performance had to be a matter of real choice.
Ritchie v Atkinson
A contract may be divided into separate part so that the claimant can be paid for each part that has been delivered or completed.
Planche v Colburn
Claimant can claim for work done on a quantum meruit basis.
Rickards v Oppenheim
The time had been made of the essence by the final notice.
Robinson and Sharpe v Drummond
The contract between A and B was personal so A can reject the performance offered by C.
