Performance Flashcards
(9 cards)
Cutter v powell
Contract is only discharged by performance when it’s complete and exact
Rule to perfomeance
Must be performed exactly to claim payments
Exceptions to the rule
1) divisible contracts
2) substantial performance
3) acceptable of partial performance
4) prevention of full performance
5) time of performance
Ritchie v Anderson
If contract is divisible into separate parts then partial performance of each part may entitle the party to partial payments
Test for substantial performance
Was performance substantial enough to justify payment?
Hoenig v isaacs
Entitled to full payment minus cost of defects
Bolton v mahadera
Not substantial so no paymenet
Sumpter v hedges
No acceptance of partial performance no payment
Planche v colburn
If one party prevents other from completing contract the party may still recover the payment