Performance

• What does discharge by performance mean?

  parties are released from their obligations
• What does total performance mean?

  performance is exact so the contract is complete
• What happened in Re Moore & Landauer?

  the correct amount of fruit was supplied, performance was not exact when the cases were the wrong size
• what happened in Cutter v powell?

  sailor died at sea towards the end of the voyage, his performance was not exact
• What is tender of performance?

  one party prevents the other party from performing the contract
• In tender performance, what is payments based on?

  quantum meruit basis
• What happened in Planche v colburn?

  the publisher abondended the whole series, the author could not complete the work so could claim for his wasted work
• What are severable contracts?

  can be divided into several parts
• What does it mean when one element is not completed?

  there isn't a breach of the whole contract
• What happened in Ritchie v Atkinson?

  contract was based on a price per tonne carried, he could recieve payment for what was carried even though it was not the full amount
• What is substantial performance?

  contract is almost complete but not quite
• Money has to be paid but the courts deduct the amount recquired to complete the work
• What should the amount be?

  minor
• What happened in boone v eyre?

  a plantatation was sold without staff was substantial performance as the main subject was the land
• what happens if the contract is a single transaction?

  substantial performence is not allowed
• What is partial performance?

  the amount of work done is less than that for substantial performance
• How can partial performance can be claimed?

  if it is accepted by the other party
• What happened in christy v row?

  to discharge the parties, the parties must agree to pay only for the work done and the innocent party must have genuinly agreed to end the contract
• What happened in Sampter v Hedges?

  a builder completed half of the work but could not claim full payment as he left the owner with no choice
• What is delayed performance?

  time is an important element in a contract
• How must the deadline be to both parties?

  clear
• How will the courts decide if deadline is a condition?

  if expressed in the contract

  in the circumstances of the contract, time is of the essence

  the original deadline was not met so a new time was agreed so it becomes of the essence
• What happened in Charles rickard Ltd v Oppenheim?

  after several delayes, delivery was expected within 4 weeks. when this did not happen it was a breach of the contract
• What are the type of performances?

  total, tender, severeable contracts, substantial, partial, delayed