discharge by performance

• Discharge by performance is a general way to end a contract by completing it
• Complete performance rule: Cutter v Powell case example - payment at the end died, so the wife couldn't claim unpaid wages
• Acceptance of part performance is acceptable if both parties agree to end the contract; a new contract can end the old one as long as both parties agree
• Part performance allows for acceptance even if some parts have not been done
• Sumpter v Hedges case example: no consent for the part performance
• Substantial performance means completing nearly all of the contract (70-90%); if less than 70%, one would get 70%-90% of pay, and you can't force someone to finish something
• Hoenig v Isaacs case example: damaged wardrobe but did decorating
• Bolton v Mahadeva case example: radiator didn't work properly, so the contract was broken (breach of condition) as it wasn't substantial
• Divisible contracts involve breaking one big contract into several smaller ones if possible; e.g., Ritchie v Atkinson - paid per ton but only carried part of it
• Prevention of performance includes actions like trying to stop someone from performing, such as locking them out or not publishing a book
• Breach of contract can lead to contract termination; Planche v Colburn case example - written books but the publisher didn't want them, should still get money for writing the books as you've fulfilled your part
• Delayed performance can be crucial if an exact time is specified in the contract and the other party has agreed (repudiatory breach)