Performance Model Answer

Question 1

Performance can discharge (end) a contract. The strict rule is that performance… (Cutter v Powell, Re Moore and Landauer).

Answer 1

must be complete and exact

Question 2

However, there are…

Answer 2

exceptions where the strict rules do not apply.

Question 3

non-completion of one part by a party is… (Ritchie v Atkinson,
Taylor v Webb) and he is entitled to… , unless the non-completion
removes all the benefit from the contract ie ruins the contract.

Answer 3

not a breach of the whole contract, payment for the work he has done,

Answer 4

he is entitled to payment for that part, removes all the benefit from the contract, ruins the contract.

Question 5

‘Substantial’ is considered on a… (Hoeing v Isaacs, Bolton v Mahadeva).

Answer 5

case to case basis

Answer 6

specific acknowledgement, what he has performed

Answer 7

the innocent party is entitled to payment for any wasted work

Answer 8

time of performance

Question 9

If a time or date is specified within the contract… (Topallson v Rolls Royce). The remedy for which is…

Answer 9

it will be a condition of the contract, repudiation and/or damages.

Question 10

Where no date or time is specified, it must be… and so this will
be an… term (Astea v Time Ltd,).

Answer 10

completed within a reasonable time, innominate

Question 11

Parties may also be able to give “…” of the requested completion date… as in Charles Rickard v Oppenheim.

Answer 11

“reasonable notice”, after the contract has been created

Question 12

Otherwise, late performance is… and repudiation depends on the… of consequences.

Answer 12

breach of an innominate term, severity