Peformance

Question 1

Cutter v Powell

Answer 1

Strict rule - must be complete peformance of all obligations

Question 2

Acros v E A Ronaasen and son

Answer 2

16th of inch difference, did not match description

Question 3

Re Moore co v landauer

Answer 3

Differnce would make no impact (packaging different)

Question 4

Readrdon smith line Ltd v Hansen tangen

Answer 4

Mere technicality will be ignored

Question 5

Taylor v Webb

Answer 5

Divisible contract - various parts enforced seperatky

Question 6

Sumpter v hedges

Answer 6

Acceptance of part peformance - must be a genuine choice to accept

Question 7

Dakin v Lee

Answer 7

Substancial peformance - sum deduced based on cost to repair defective workmanship

Question 8

Bolton v Mahadeva

Answer 8

Substancial peformance depends on what remains undone compared to the whole contract

Question 9

Planche v Colburn

Answer 9

Prevention of peformance by other party - can claim damages for wasted time

Question 10

Startup v Mac Donald

Answer 10

Tender of peformance - unreasonable refusal of peformance - claim for damages

Question 11

Time of peformance considered essential = repudiation available

Answer 11

1) expressly stipulated that time is of the Essenes
2) circumstances show time is critical
3) one party gives the other a certain period to complete peformance or repudiation will occur after they have alreayd failed onve