Performance Flashcards

(9 cards)

1
Q

Cutter v powell

A

Contract is only discharged by performance when it’s complete and exact

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2
Q

Rule to perfomeance

A

Must be performed exactly to claim payments

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3
Q

Exceptions to the rule

A

1) divisible contracts
2) substantial performance
3) acceptable of partial performance
4) prevention of full performance
5) time of performance

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4
Q

Ritchie v Anderson

A

If contract is divisible into separate parts then partial performance of each part may entitle the party to partial payments

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5
Q

Test for substantial performance

A

Was performance substantial enough to justify payment?

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6
Q

Hoenig v isaacs

A

Entitled to full payment minus cost of defects

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7
Q

Bolton v mahadera

A

Not substantial so no paymenet

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8
Q

Sumpter v hedges

A

No acceptance of partial performance no payment

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9
Q

Planche v colburn

A

If one party prevents other from completing contract the party may still recover the payment

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