Performance

• discharge by performance

  -> when both parties have performed their obligations under a contract completely and exactly, the contract is discharged

  • strict rule - if a contract says payment must happen when work is done, party must fully complete their work to get paid

  -> cutter v powell - died before finishing trip, not paid

  ->Re Moore and Co v Ladauer and Co -> supposed to have 30 tins but had 24
• Exceptions to the strict rule (sale of goods act) - tender of performance

  -> if one party stops the other fulfilling the contract, the innocent party can claim based on value of work done

  Planche v Colburn
• Exceptions to the strict rule (sale of goods act) - severable contracts 


  -> if contract has separate parts, failing to complete one part doesnt break the entire contract

  Ritchie v Atkinson
• Exceptions to the strict rule (sale of goods act) - Substantial performance

  -> if most of the work done, they can still be paid even with minor issues

  Dakin and Co v Lee - what counts as substantial performance depends on thr situation

  Bolton v Mahadeva

  Young v Thames properties
• Exceptions to the strict rule (sale of goods act)- acceptance of part performance 


  -> both parties agree that the other doesnt have to finish the whole contract then strict rule wont apply ->party gets paid for what theyve done

  sumpter v hedges
• Exceptions to the strict rule (sale of goods act) - delayed performance (1)

  ->not finishing contract on time is a minor issue unless the contract states time is crucial

  time is of the essence if:

  • the contract says so
  • timing is crucial for the circumstances
  • one party delays and the others insist on a new deadline - time made essential

  ->if none apply, court decides if minor or major issues

  union eagle v golden achievement

  charles richards v oppenheim
• Exceptions to the strict rule (sale of goods act)- delayed performance (2)

  -> once agreed time isn't crucial, they must give notice to make it crucial again

  hakimzay v swailes

  -> CRA s52 requires traders to finish within reasonable time even if no time limit is set
• remedies 


  -> quantum merit - paid for actual work done - fair amount

  -> specific performance - court orders someone to do what the contract says especially where money cant fix the issue

  -> non entitlement - may not get paid at all under strict rule

  -> damages - if losses due to breach, responsible party has to make up for it