Discharge by Performance

• What is the complete performance rule?

  The contract will not be discharged unless performance is complete and exact
• What case is used for the complete performance rule and what happened?

  Cutter v Powell. Sailor died during voyage, no wages were payable to widow
• What are the 5 exceptions to the complete performance rule?

  1. Divisible Contracts
  2. Substantial contracts
  3. Prevention of performance
  4. Delayed performance
  5. Acceptance of part-performance
• What is a divisible contract?

  A contract that can be divided into different obligations.
• What case can be used for divisible contracts and what happened?

  Ritchie v Atkinson. Carried only part of the cargo, they were paid per ton
• What will the contract be treated as if it is deemed divisible?

  it will be treated as discharged
• Explain Substantial Performance

  If the contract has been substantially performed, a claim may be made for the contract price minus an amount for fixing whatever work needs to be done
• What two cases are there for substantial performance?

  Hoenig v Isaacs

  Bolton v Mahadeva
• What happened in Hoeneg v Isaacs?

  Defects with bookcase costing 56, during refurbishment of flat, compared to overall contract price of 400.
• What is the point of law in Bolton v Mahadeva?

  No substantial performance if amount to be done removes all benefit from contract or causes further damage
• What is Prevention of Performance?

  Where a party has offered to perform a contract within the time specified for performance, this will discharge their contractual obligations and allow them to claim contract price from the other side, even if performance was declined.
• What are the two cases for Tender of Performance?

  Planche v Colburn

  Startup v McDonald
• What is Delayed performance?

  Where time of performance has been made a condition of the contract, late performance will be a repudiatory breach, entitling the claimant to treat the contract as at an end.
• What are the two cases for delayed performance?

  union eagle v golden achievement

  Charles Rickards v Oppenheim