What is complete performance
If party has completed everything they agreed then contract is over
Cutter V powell
Exceptions to complete performance
Divisabilty
Substantial performance
Acceptance of part performance
Time of performance
Divisabilty
Divide contract into what has been completed and what has not
Divisabilty case
Ritchie V atikenson
Substantial performance
If party has done a substantial amount of the work he is entitled to be paid
What is substantial case
Bolton V mahadeva
70%
Prevention of full performance
Claim on quatum merit basis
Planchet V colburn
Time
Will only be considered if time is of essence
Time case
Union eagle V golden achievements
Can a party accept part performance
Yes