Performance

Question 1

When is a contract discharged by performance

Answer 1

• when all parties fulfill their obligations of a contract

Question 2

Cutter v Powell

Answer 2

Strict rule - all obligations must be met for discharge
If any obligations not met remedies may be required

Question 3

Arcos v ronaasen

Answer 3

Strict tule - buyer received goods slightly different from described - still functional
- seller not discharged showing strictness

Question 4

2 Ways of avoiding strict rule

Answer 4

Divisible contracts - multiple parts can be discharged separately
Part performance of contract

Question 5

Taylor v Webb

Answer 5

-Divisible contract
Court found that lease and maintenance obligations seperate, partial discharge

Question 6

Sumpter v hedges

Answer 6

Part performance
-builder unable to complete project due to finances - court awarded builder value of materials used

Question 7

What is tender of performance

Answer 7

• when 1 party offers to fulfill obligations but other unreasonably refuses

Question 8

Startup v MacDonald

Answer 8

• tender of performance
• Agreed to deliver by end of March - delivered at night 31st march - buyer refused to accept
• seller recovered damages

Question 9

What is substantial performance

Answer 9

Allows party to recover dames even if they have not completed all obligation, if essential purpose of contract completed

Question 10

Hoenig v Isaac’s

Answer 10

Substantial performance is a question of fact - focus on what remains undone in comparison to contract requirements

Question 11

Dakin and co v lee

Answer 11

Substantial performance
- Builder completed most of work required but did some carelessly
- Builder could recover payment for work done minus cost of fixing careless walk

Question 12

Planche v colbern

Answer 12

• prevention of performance
• publisher hired author, publisher abandoned series - author could recover damages for wasted work