What is the strict rule regarding performance to discharge a contract? 1
Performance can discharge (end) a contract. The strict rule is that performance must be complete and exact (Cutter v Powell, Re Moore and Landauer).
In a divisible (severable) contract, what happens if one part is not completed? 2
For a divisible (severable) contract, where the contract has separate obligations, non-completion of one part by a party is not a breach of the whole contract (Ritchie v Atkinson, Taylor v Webb)
-He is entitled to payment for the work he has done, unless the non-completion removes all the benefit from the contract ie ruins the contract.
If a party has carried out a substantial part of what was required under the contract, what are they entitled to? 3
If a party has carried out a substantial part of what was required under the contract, he is entitled to payment for that part, unless the part performance removes all the benefit from the contract ie ruins the contract.
‘Substantial’ is considered on a case to case basis (Hoeing v Isaacs, Bolton v Mahadeva).
True or false: If a party accepts part performance of a contract, they are entitled to payment for what has been performed. 4
TRUE
This principle is illustrated in cases like Sumpter v Hedges and Roberts v Havelock.
What entitlement does an innocent party have if a party prevents them from carrying out performance? 5
Entitled to payment for any wasted work
This is supported by the case Planche v Colburn.
What happens if a time or date is specified within the contract? 6
There are specific rules on time of performance (Union Eagle v Golden
Achievement, Macdonald v Startup).
If a time or date is specified within the contract, it will be a condition of the contract (Topallson v Rolls Royce). The remedy for which is repudiation and/or damages.
If no date or time is specified in a contract, when must it be completed? 7
Within a reasonable time
This is considered an innominate term, as illustrated in Astea v Time Ltd.
What can parties give after the contract has been created regarding the completion date? 8
Reasonable notice
This principle is demonstrated in Charles Rickard v Oppenheim.
What is the consequence of late performance when a deadline is specified? 9
It is a breach of an innominate term
The severity of consequences determines whether repudiation applies.
