Performance Cases

Question 1

The strict rule is that performance must be complete and exact

Answer 1

Cutter v Powell, Re Moore and Landauer

Question 2

For a divisible (severance) contract where the contract has separate obligations non completion of one part by a party is not a breach of the whole contract

Answer 2

Ritchie v Atkinson, Taylor v Webb

Question 3

‘Substantial’ is considered on a case to case basis

Answer 3

Hoeing v Isaacs, Bolton v Mahadeva

Question 4

If a party accepts part performance of a contract, through a specific acknowledgement the other party is entitled to payment of what he has performed

Answer 4

Sumpter v Hedges, Roberts v Havelock

Question 5

Where a party prevents the other from carrying out performance, the innocent party is entitled to payment for any wasted work

Answer 5

Planche v Colburn

Question 6

There are specific rules on time of performance

Answer 6

Union Eagle v Golden Achievement, Macdonald v Startup

Question 7

If a time or date is specified as being “of the essence” within the contract, it will be a condition of the contract

Answer 7

Topallson v Rolls Royce

Question 8

Where no date or time is specified it must be completed within a reasonable time and so this will be an innonimate term

Answer 8

Astea v Time Ltd

Question 9

Parties may also be able to give “reasonable notice” late requested completion date after the contract has been created

Answer 9

Charles Rickard v Oppenheim