discharge by performance

Question 1

definition of discharge by performance with case

Answer 1

a contract is usually discharged by performance when both parties carry out what they have agreed to do IN FULL
-CUTTER V POWELL, agreed by contract to act as a second mate on a ship, voyage was to take 8 weeks but 6 weeks into the voyage, C’s husband died and she could not claim

Question 2

divisible contracts (1) with case

Answer 2

• contract can be separated into parts, non completion of one part is not breach of whole contract
• Richie v Atkinson, liable for damages in not carrying the whole of the cargo

Question 3

substantial performance with two cases

Answer 3

• where a party has performed the contract substantially, there must be payment for amount appropriate to what has been done
• Hoeing v Isaacs, entitled to pay for what has been done on a quantum meruit basis (as much as it’s worth)
• Bolton v Mahadeva, Builder entitled to nothing as there was not a substantial performance as none of the heaters worked

Question 4

prevention of full performance with one case

Answer 4

if one party prevents the other from carrying out the contract, the innocent party can claim on quantum meruit basis
- Planche v Colburn, Publisher hired author to write a series of books with an abandoned the whole series so the author was entitled for the fee of the wasted work as they had been prevented from completing the book

Question 5

acceptance of part performance with one case

Answer 5

if one party agreed with the other party that they do not need to complete the entire contract, contract is paid for on quantum meruit basis
-Sumpter v Hedges, there must be consent or agreement by both parties

Question 6

Time of performance

Answer 6

-S52, if contract is not expressly state the time in which the contract must be completed by, the contract must be performed in a reasonable amount of time

Question 7

discharge by breach, 3 circumstances in which contract can be breached

Answer 7

1. renunciation of duties, one-party not meeting the liabilities under the contract eg, not paying a bill on a due date
2. where it becomes impossible to carry out the contract, e.g. business shuts for holidays so missing appointments
3. total or partial failure to perform contract e.g. failure to deliver goods

Question 8

types of breaches with cases

Answer 8

1, repudiatory

2. anticipatory breach, gives advance notice that contract will not be performed or completed; Hocheser v de la tour tells us that you can sue immediately and don’t need to wait for actual breach to occur
3. breach of general term