performance and breach

Question 1

Cutter v Powell

Answer 1

The general rule for performance is that performance only counts if it is complete and exact

Question 2

Ritchie v Atkinson

Answer 2

If a contract is divisible, one may have performance part of the
contract, but will be in breach for the rest of it

Question 3

Hoenig v Isaacs

Answer 3

If the work requested was mostly completed, but with minor defects, then there has still been performance, not breach

Question 4

Planche v Colburn

Answer 4

If one party prevents the other from performing, this will not result in breach

Question 5

Sumpter v Hedges

Answer 5

If a partial performance is voluntarily accepted by one party, then this will not result in breach

Question 6

Union Eagle v Golden Achievement

Answer 6

Timing of performance is a condition when time is of the essence, meaning that is specifically said in the contract, the party is notified of it after the contract started, or the circumstances make it apparent.

Question 7

Hochester v De La Tour

Answer 7

Someone can sue for anticipatory breach when it is inevitable that a contract will not be performed in future. This lets C sue immediately, or they can wait for the actual breach