Performance emergency

Question 1

What must a contract be performed like?

Answer 1

Exact- re moore and landuer
Complete- cutter and powell

Question 2

What are the three ways a contract can be discharged via performance?

Answer 2

1. late performance
2. partial performance
3. substantial performance.

Question 3

What is meant by late performance?

Answer 3

-failure to perform on time a breach of warranty- damages not repudiation

Question 4

What happens if time is of the essence? (late performance)

Answer 4

• a breach of a term
• when the parties have said time is important
• an extension on the provision and then it isnt met

Question 5

Which case goes with when there is an extention on the provision and then it isnt met?

Answer 5

Charles v Rickards v Oppenheim

Question 6

What is meant by partial performance?

Answer 6

-If the parties agree to end the contract before completed + work done is less than substantial
-partial performance is a new agreement to do less work for a reduced fee.

Question 7

Which case goes with partial performance?

Answer 7

-sumpter v hedges

Question 8

Sumpter v hedges

Answer 8

-both parties agree to new arrangement
-calculated Quantum Merit- as much as deserved.

Question 9

What is meant by substantial performance?

Answer 9

-if substantial payment
-payment must be given for what is done
-based on the facts of the case

Question 10

Which cases go with substantial performance?

Answer 10

-Young v Thame Properties

MOST OF THE WORK MUST BE COMPLETE.