Performance

• Discharge by performance requires performance be complete and exact (Cutter).
• 1. If a contract can be seen as separate parts, it is severable and non-completion of a specific part is not total breach (Ritchie).
• 2. If a party has done substantially what was required, the doctrine of substantial performance applies (Dakin).
• 3. If one party prevents the other from carrying out the contract, the innocent party is entitled to payment quantum merit (Planche) - can be paid for the work done.
• 4. If one party accepts part performance, the rule does not apply but not if they are forced into this decision (Sumpter).
• 5. Time is treated as an inominate term unless the contract states 'Time is of the essence', the circumstances show that time is critical, or one party has failed to perform on time and the other has insisted on a new date (Union Eagle Ltd)