discharge: performance and breach

• What is the general rule regarding performance in contract law?

  Performance must be precise and exact
• What was the issue in Re Moore & Co and Landauer & Co?

  Goods delivered did not match the description
• What was the court's decision in Re Moore & Co and Landauer & Co?

  B was entitled to reject the goods
• What stipulations were included in the contract in Arcos v EA Ronaasen?

  Length, breadth, and thickness of staves
• What was the thickness requirement in Arcos v EA Ronaasen?

  Half an inch
• Why did B reject the goods in Arcos v EA Ronaasen?

  They did not conform to the specified thickness
• What did Atkin LJ state regarding measurements in contracts?

  Measurements must be strictly performed
• What does "de minimis non curat lex" mean?

  The law does not concern itself with trifles
• What is the implication of "de minimis non curat lex" in contract law?

  Trivial matters may be overlooked by courts
• What is the implied obligation under s. 13 of the Sale of Goods Act 1979?

  Goods must correspond with the description
• What was the issue in Reardon Smith Line Ltd v Hansen Tangen?

  The vessel did not match the contractual description
• What was the court's ruling in Reardon Smith Line Ltd v Hansen Tangen?

  The vessel complied with the description in charters
• What are 'entire' contracts?

  Contracts requiring complete performance by both parties
• What is the general rule regarding payment for partial performance?

  Payment cannot be recovered for partial performance
• What was the outcome in Cutter v Powell regarding the seaman's wages?

  No pay was owed as the contract was not fulfilled
• What did Ashurst J state about the written contract in Cutter v Powell?

  The contract must be fully performed for payment
• What are the methods of discharge of a contract?

  1. Discharge by Performance
  2. Discharge by Agreement
  3. Breach of Contract

  • Repudiatory Breach
  • Anticipatory Breach
• What is substantial performance in contract law?

  Minor defects do not prevent claiming contract price
• What was the ruling in Hoenig v Issacs regarding defective work?

  C awarded full amount minus repair costs
• What is quantum meruit?

  Payment for the value of services rendered
• What was the outcome in Sumpter v Hedges regarding partial performance?

  Claim for quantum meruit failed
• What defines a divisible contract?

  Partial performance allows for partial payment
• What is required to hold a defaulting party liable for breach?

  An offer to perform must be made
• What does "time of the essence" mean in contract law?

  Failure to meet time requirements is a breach
• What did the court decide in United Scientific Holdings Ltd & Burnley Borough Council regarding time of performance?

  Time is not of the essence unless specified
• What is the general rule for discharge by agreement?

  Contracts can end by mutual consent
• What is required for a bilateral discharge of contract?

  Both parties must consent to discharge
• What is mutual release in contract law?

  Both parties abandon their obligations mutually
• What constitutes good consideration in mutual release?

  Each party gives up their right to performance
• What is unilateral discharge?

  One party releases the other from performance
• What is bilateral discharge in contracts?

  • Discharge by mutual release
  • Parties abandon outstanding obligations
  • Requires good consideration for enforceability
• Why is abandonment of a contract inadvisable?

  Better to have a binding agreement for discharge
• What is accord and satisfaction?

  Agreement to discharge obligations supported by consideration
• What must satisfaction not be less than?

  It must not be less than original contract requirements
• When does unilateral discharge arise?

  When one party fully performs their obligations
• What is a breach of contract?

  Failure to perform contractual obligations without lawful excuse
• What is a repudiatory breach?

  Allows the injured party to treat the contract as terminated
• What options does an injured party have after a repudiatory breach?

  Terminate, affirm, or claim damages
• What constitutes a repudiatory breach?

  Express statement or conduct indicating non-performance
• What are the types of terms in a contract regarding breach?

  • Conditions: Breach allows termination and damages
  • Warranties: Breach allows only for damages
  • Innominate Terms: Breach may be treated as repudiatory or not