Performance

• Definition

  • when the terms of a contract are complete
  • but contracts can be entire or divisable
• Bolton v Manadeva

  • Plumber installed faulty heating
  • lost the case as the entire contract was for heating- which didn't happen therefore the contract wasn't completed
• Divisible (Severable contract)

  • mostly seen with building contracts
  • separate parts of the house if different stages
  • can be paid for separate stages whilst mistakes are made on the other
• Exceptions

  • Partial/ incomplete performance is accepted
  • Substantial performance
  • If one party prevents the other from performing
• Partial/ incomplete performance is accepted

  • still paid for the work that is done
  • Stumpter v Hedges
• Substantial performance

  • Hoenig v Isaacs
  • only one room was done poorly
  • had to pay for the rooms done well
• If one party prevents the other from performing

  • Plance v Colburn
  • Publisher stopped an author from working
  • Paid him 50 quid for the work he had done